Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Laws - Suit for declaration of title over a land and permanent injunction by the respondents against the C Municipal Corporation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Laws - Suit for declaration of title over a land and permanent injunction by the respondents against the C Municipal Corporation - Dismissal of, by the trial court holding that the land belonged to the Municipal Corporation - However, the High Court set aside the order passed by the trial court on basis of the revenue entries - Justification of - Held: Order passed by the High Court not justified - Mutation D entries do not confer title - High Court erred in reversing the well reasoned judgment and decree passed by the trial court by relying upon Khasaras entries even without properly appreciating that Khasara entries do not convey title of the suit property as the same is only relevant for the purposes of E paying land revenue and it has nothing to do with ownership -Since the ancestors of the respondents did not belong to one family, but three different families belonged to three different castes, claim of joint ownership and joint possession of the land could not be accepted - Also, the High Court failed to F appreciate that there was no document of title/ownership on record placed by the respondents and there were no pleadings in this regard as such no finding of title or ownership can be given in favour of respondents. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2014 INSC 453 |
Petitioner | Municipal Corporation, Gwalior |
Respondent | Puran Singh Alias Puran Chand & Ors. |
SCR | [2014] 8 S.C.R. 115 |
Judgement Date | 2014-07-02 |
Case Number | 8605 |
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