Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Suit – Declaration of t itle and perpetual injunction –Respondents-plaintiffs filed a suit against the appellants-defendantsseeking declaration that they were the owners of the suit property –Trial Court dismissed the suit preferred by the respondents-plaintiffsas they failed to prove the source of their title – However, HighCourt decreed the suit in favour of the respondents-plaintiffs placingreliance on the book of endowments as maintained by the EndowmentDepartment which showed the boundaries of a Temple adjacent tothe suit property – On appeal, held: After perusing evidence onrecord, the respondents-plaintiffs in order to prove their title hadrelied upon several permissions of the municipality and tax receiptsto prove their title – But the aforesaid documents might implypossession but they cannot be relied to confer title upon the holder– Further, book of Endowment alone was not sufficient to claim thetitle over the suit premises as it was only intended to demarcate thetemple premises – On the contrary, appellant had put forth an earlierorder passed by the Deputy Commissioner involving the same suitproperty – It was categorically held therein, that the suit propertywas related to the temple, and plaintiff no.1 (predecessor-in-interestof respondent no.1 to 6) was staying therein to perform his duty as“pujari” – Aggrieved, Plaintiff no.1 had filed O.S. No. 134/77 whichwas dismissed for default, hence earlier order had attained finality– Therefore, instant suit involving the same property seeking similarrelief as O.S. No.134/77 was barred by time – Respondents-plaintiffshad failed to discharge their burden of proof by being unable tofurnish necessary documentary and oral evidence to prove theirclaim – Thus, Judgment of the High Court untenable in law as it isbased on erroneous appreciation of evidence |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2018 INSC 1180 |
Petitioner | Chairman, Board Of Trustee, Sri Ram Mandir Jagtial Karimnagar District, A.p |
Respondent | S. Rajyalaxmi (dead) & Ors. |
SCR | [2018] 14 S.C.R. 1172 |
Judgement Date | 2018-12-10 |
Case Number | 7843 |
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