1. Writ petition involving disputed question of title — subsequent LPA dismissed by Division Bench with a positive finding on title. (Para 2 )
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2000 Supreme(SC) 341
2000(8) Supreme 428
SUPREME COURT OF INDIA
S. Saghir Ahmad & R.P. Sethi, JJ.
Kamta Singh & Ors. -Appellants
versus
State of Bihar & Ors. -Respondents
Civil Appeal No. 1014 of 2000
(Arising out of SLP (C) No. 2973/1999)
Decided on 11-2-2000
Disputed questions of title cannot be decided by a High Court in writ jurisdiction or an LPA without full evidence; such matters must be adjudicated by a Civil Court.
Headnote:Writ Jurisdiction-Writ petition dismissed holding that disputed question of title was involved and petitioner could approach Civil Court-LPA dismissed by Division Bench but by giving a positive finding on question of title-Such finding could not have been recorded in absence of evidence-Impugned order in LPA was liable to be set aside. (Paras 2 and 3)
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2. Whether a finding on a question of title can be recorded in an LPA without full evidence being brought on record. (Para 2 )
3. A positive finding on a question of title cannot be recorded unless full evidence is brought on record. (Para 2 )
4. Disputed questions of title require full evidence and should be adjudicated by a Civil Court rather than in writ proceedings. (Para 2 )
5. Appeal allowed — Division Bench order set aside — appellants directed to seek remedy in Civil Court. (Para 3 )
6. Can a court record a finding on a disputed question of title without full evidence?
No, a positive finding on a question of title cannot be recorded unless full evidence is brought on record. (Para 2 )
7. What is the appropriate legal remedy for resolving disputed questions of title?
The appropriate remedy is to approach the Civil Court for appropriate relief. (Para 2 , 3 )
8. Can a finding on title be sustained in an LPA if the matter was previously identified as a disputed question of title?
Such a finding cannot be sustained if it is recorded without full evidence being brought on record. (Para 2 )
ORDER
Leave granted.
2. The appellants writ petition was disposed of by the learned Single Judge of the High Court with the observations that since the writ petition involved disputed question of title, the appellants may approach the Civil Court for appropriate relief. Unfortunately, the appellants filed an LPA against the judgment of the Single Judge. The learned Judges dismissed the LPA with a positive finding on the question of title which, in the circumstances of the case, could not have been recorded unless full evidence was brought on record.
3. Consequently, we allow this appeal at the initial stage, as the respondents are represented before us and we have heard their counsel. The order passed by the Division Bench is set aside and the appellants are directed to seek their remedy in the Civil Court in respect of the property in question, if they are so advised.
Appeal allowed.
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