Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | SuiT for declaration of ownership |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Suit – for declaration of ownership – The plaintiffs- respondents filed a suit for a direction to delete the name of ‘Forest department’ from the survey entry No. 11/1 of a Village and to declare the plaintiffs as the exclusive owners of the said property – The defendants-appellant, the State, had filed a written statement- cum-counter claim refuting the claim of the plaintiffs and claimed that entire suit property was in possession and belonged to the Forest Department – In the counter-claim, it was pleaded that plaintiffs were wrongly recorded as co-occupants – The Trial court dismissed the suit filed by the plaintiffs and the counter-claim filed by the defendants- State was also rejected – The plaintiffs having not filed any appeal against the rejection of the claim, the judgment of the Trial Court has become final, however, the defendants filed appeal in the High Court, which was dismissed – On appeal, held: A proceeding sheet of Court for record of rights (correction of records) indicated that on 20.10.1975, one of the plaintiff made a statement that he wished to withdraw his application dated 07.08.1975 regarding a claim that the survey no.11/1 belonged to plaintiffs, it was addressed to Mamlatdar for record of rights and hence, the dispute case was closed – Even after withdrawal of the claim of plaintiff, the names of plaintiffs were added by correcting the Form III in red ink as required by sub-rule (6) of Rule 6 of the Goa, Daman and Diu (Record of Rights and Register of cultivators) Rules, 1969 – When there was no decision in favour of the plaintiffs, applicant on the objection filed by them, there was no question of adding their names in Index of Lands against survey No.11/1 – The recording of names of the plaintiffs in survey no. 11/1 along with the name of the Forest Department was illegal and not per 1969 rules – The plaintiffs failed to justify the continuance of their names against survey No. 11/1 – Further, in the suit, the plaintiffs did not mention/disclose proceeding regarding the correction of records undertaken in 1975 – From the additional evidence brought on the record by the State, it is clear that in record published, it was only the name of the Forest Department – Even though Gazette dated 11.01.1951 does not mention survey no. 11 but forest was declared in the village and the survey no. 11 is forest land is proved by other evidence – Thus, the defendant-State has clearly made out the case for allowing counter-claim – Accordingly, the name of the plaintiffs- respondents from survey no. 11/1 directed to be struck off. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2020 INSC 268 |
Petitioner | State Of Goa |
Respondent | Narayan V. Gaonkar & Ors. |
SCR | [2020] 4 S.C.R. 526 |
Judgement Date | 2020-03-04 |
Case Number | 1866 |
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