The importance of allowing amendments to pleadings and considering ancient documents as evidence in title disputes.

Headnote:
Joint Title - Recovery of Possession - Amendment of Plaint - Lease Deed - Revenue Records - City Survey Records - Fresh Trial
Fact of the Case:

The plaintiff filed a suit for declaration of joint title, recovery of possession, and injunctions against the defendants. The trial court dismissed the suit due to lack of evidence supporting the plaintiff's title. The plaintiff appealed, challenging the refusal to amend the plaint and admit the lease deed in evidence.
Finding of the Court:

The appellate court and trial court erred in refusing the amendment of the plaint and not admitting the lease deed in evidence, resulting in a miscarriage of justice. The plaintiff was directed to deposit costs and the suit was remanded for a fresh trial.
Issues: Refusal of amendment of the plaint, admissibility of lease deed, reliance on city survey records, and lack of diligence by the plaintiff.
Ratio Decidendi: The court emphasized the importance of allowing amendments to pinpoint the dispute and the need to consider ancient documents as evidence. It also highlighted the inadequacy of relying solely on city survey records for deciding title disputes.
Final Decision: The appeal was allowed, judgments of the lower courts were set aside, and the suit was remanded for a fresh trial. The plaintiff was directed to deposit costs, and the counter claim of the defendants was not pursued further.

Judgement Key Points

Key Points of the Judgment

The appeal arises from a suit for declaration of joint title with defendants 10-13, recovery of possession of 73 cents in the north-western corner of new khasra no. 327, and injunctions against defendants 1-9. [1000418710001]
The suit property, part of khasra nos. 327, 329, 330, and 331 in Mouza Sitabuldi, was leased on 21.07.1875 by a Muslim family to Balwantrao Mahajan, predecessor-in-interest of the plaintiff; defendants 1-9's predecessors occupied a portion as licensees. [1000418710001]
Defendants 1-9 demolished residential structures and attempted commercial construction, prompting the suit; plaintiff claimed joint title with defendants 10-13 post-partition, but they disowned title allegedly influenced by defendants 1-9. [1000418710001]
Defendants 1-9 denied plaintiff's title and licence, claiming long possession in their own right. [1000418710002]
Plaintiff amended plaint once, but second amendment for better particulars of disputed property was refused by trial court. [1000418710003]
Plaintiff relied on revenue records but failed to produce original 1875 lease deed initially; certified copy rejected as secondary evidence without foundation; trial court dismissed suit and defendants' counterclaim, finding plaintiff failed to prove title. [1000418710004] (!)
First appellate court dismissed appeal, relying heavily on city survey records showing defendants as occupants, brushing aside plaintiff's revenue records and 1875 lease references, and questioning plaintiff's bona fides. [1000418710005][1000418710006]
Burden lies on plaintiff to prove title in recovery of possession suit based on title; weakness in defendants' case does not entitle plaintiff to decree. [1000418710005][1000418710009]
Trial court erred in refusing plaint amendment, which would pinpoint dispute; amendment allowed by Supreme Court with costs, to be carried out within 3 months, defendants to file additional written statement within 4 months. [1000418710003][1000418710007][1000418710010][1000418710013]
Trial court erred in rejecting certified copy of 1875 lease deed without opportunity to lay foundation for secondary evidence or produce original; remand allows plaintiff opportunity to prove lease deed, including demarcation via commission if needed. [1000418710004][1000418710007][1000418710011][1000418710014]
City survey records alone inadequate for title disputes; revenue records, maps, and record of rights showing plaintiff's predecessor's leasehold possession under Muslim family must be properly considered. [1000418710006][1000418710007][1000418710012]
Trial court discharged two survey department witnesses cited by plaintiff, denying opportunity to establish case; remand provides fresh trial opportunity. [1000418710007]
Defendants 10-13's disowning of joint title irrelevant if plaintiff otherwise proves case; their stance viewed skeptically. [1000418710007][1000418710008]
Appellate court erred in emphasizing lack of bona fides without independent appraisal of evidence. [1000418710007][1000418710010]
Appeal allowed; lower courts' judgments set aside; suit remanded for fresh trial per observations, with plaintiff to deposit Rs.15,000 costs within 2 months; defendants' counterclaim rejection confirmed as not pursued. [1000418710015][1000418710016]
Parties to appear in trial court on 10.09.2007 for posting. [1000418710016]
Related SLP (Civil) No. 5753 of 2006 dismissed in light of main judgment. (!) [1000418710017][1000418710018]

Judgment

Leave granted.

1. This appeal arises out of Special Leave Petition (Civil) NO.9739 of 2005. The plaintiff in a suit for declaration of joint title with defendant nos.1 0 to 13, for recovery of possession of the plaint schedule property and for mandatory and prohibitory injunctions, is the appellant in this appeal. He filed Civil Suit NO.53 of 1990 against the defendants 1 to 9. On objection being raised by defendant 1 to 9, the plaintiff also impleaded defendants 10to 13 who he claimed were co-owners with him of the suit property.

2. According to the plaintiff, the suit property was blocked in new khasra no. 327 and recovery of possession was sought in respect of 73 cents in the north-western corner of the said khasra. The case of the plaintiff is that new khasra no. 327 along with khasra nos.329, 330 and 331 out of Mouza Sitabuldi, Circle No.19/27, Division no. 8 at District Nagpur belonged to a Muslim family and the property was granted on lease to Balwantrao Mahajan, a predecessor-in-interest of the plaintiff. The lease deed executed in that behalf was dated 21.7.1875. The predecessors of the plaintiff had permitted the predecessors of defendants 1 to 9 to occupy a portion of the leasehold property on licence. While in such occupation, defendants 1 to 9 had demolished the structure that had been originally put up for residence in the property and were attempting to raise a commercial construction therein and to exploit the property commercially. Defendants 1 to 9 were not entitled to do so and the plaintiff was entitled to recover possession on the strength of his title. The plaintiff had pleaded that there had been a partition between him and defendants 10 to 13, but the subject matter of the suit was not divided and consequently it continued under the joint title of the plaintiff and defendants 10 to 13. Defendants 10 to 13 did not support the case of the plaintiff. For reasons of their own they purported to disown any title in the suit property. According to the plaintiff, they had been got at by defendants 1 to 9.

3. Defendants 1 to 9 denied the claim of the plaintiff and set up title in themselves. The licence pleaded by the plaintiff was denied. The right of the plaintiff to recover possession was questioned. It was contended that defendants 1 to 9 were in possession of the property and their family had long been in possession thereof in their own right and the plaintiff was not entitled to any relief.

4. It may be noticed that the plaintiff had amended the plaint once. He sought to amend the plaint again for what his counsel called, trying to pinpoint the disputed property with better particulars. But the trial Court dismissed the application for amendment.

5. In support of his case, the plaintiff produced a number of revenue records and other documents. For reasons not explained, he did not produce the lease deed dated 21.7.1875, the source of the title of his family as set up in the plaint. Belatedly he tried to introduce a certified copy of the lease deed in evidence. The trial Court took the view that no foundation had been laid for adducing secondary evidence since what was sought to be produced was only a certified copy and not the original and hence discarded the lease deed. Taking the view that the other documents relied upon by the plaintiff including exhibits 141 and 142 and the khasra entries for the succeeding years are not enough to establish the title of the plaintiff, the trial Court dismissed the suit.

Incidentally, the trial Court also appeared to find that defendants 1 to 9 had not established the title claimed by them. But the trial Court rightly took the view that the burden was on the plaintiff to establish his title and any weakness in the defense would not entitle the plaintiff to a decree for recovery of possession. It may be noticed that defendants 1 to 9 had made a counter claim for relief against the plaintiff in respect of a portion of the property and the trial Court found that the coun

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