Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Property Law Ownership Title |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Property Law - Ownership and title - Suit filed by respondent in 1974 on basis of registered sale deed dated 11-11-1959 for declaration of title - Trial court decreed the suit, holding that appellant-Government was not the owner of the suit property, and that the respondent had a better title over it- Order upheld by High Court- On appeal, held: The Courts below erred in ignoring the revenue record, particularly, the documents showing that the Government was the absolute owner of the suit property since at least 1920 - Unless M/s A (the vendor of respondent) had valid title, the respondent could not claim any relief whatsoever from court - There was clear admission by respondent in its letter dated 22-5-1970 to the Chief Minister of the State to the effect that it had been cheated by M/s. A which had no title over the suit property, and had executed sale deed in favour of respondent by way of misrepresentation - Documents on record established that M/s A was merely a lessee of the appellant-Government - Sale deed relied upon by the respondent thus invalid and inoperative - Suit filed by respondent accordingly dismissed - Maxims - Nemo dat quid non habet and Nemo plus juris tribuit quam ipse habet. Evidence Act, 1872 - s.90 - Purpose of- Held: Is to do away with strict rules, as regards requirement of proof, which are enforced in the case of private documents, by giving rise to a presumption of genuineness, in respect of certain documents that have reached a certain age - The period is to be reckoned backward from the date of the offering of the document, and not any subsequent date, i.e., the date of decision of suit or appeal - Deeds and documents - Ancient documents - Admissibility of.Evidence Act, 1872 - s. 110 - Presumption of title as a result of possession - Held: Can arise only where facts disclose that no title vests in any party. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2013 INSC 116 |
Petitioner | The State Of A.p. & Ors. |
Respondent | M/s. Star Bone Mill & Fertiliser Co. |
SCR | [2013] 4 S.C.R. 394 |
Judgement Date | 2013-02-21 |
Case Number | 6690 |
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