VIKRAM NATH, RAJESH BINDAL
Tehsildar, Urban Improvement Trust – Appellant
Versus
Ganga Bai Menariya (Dead) through LRs. – Respondent
Based on the provided legal document, here are the key points regarding the case:
Case Details * Court: Supreme Court of India * Bench: Vikram Nath, Rajesh Bindal, JJ. * Parties: The Tehsildar, Urban Improvement Trust and Another (Appellants) vs. Ganga Bai Menariya (Dead) through LRs. and Others (Respondents) * Decided On: 20-02-2024 * Subject: Land Dispute - Property Ownership and Possession [judgement_subject]
Important Legal Principles Established * A suit simpliciter for injunction may not be maintainable if the title of the property of the plaintiff is disputed by the defendants; the plaintiff must prove their title while praying for an injunction (!) . * A document more than 30 years old produced from proper custody carries a presumption of truth regarding signatures and handwriting (Section 90, Indian Evidence Act), but this does not lead to a presumption that the recitals within the document are correct (!) . * If a document is more than 30 years old and produced from proper custody, a presumption is available that signatures and parts purporting to be in a particular person's handwriting are indeed theirs, and if executed/attested, it was done by those persons; however, this does not presume the correctness of recitals (!) .
Facts and Procedural History * The respondents filed a civil suit for permanent injunction, ownership, and possession of suit land (1,330 sq. yards) in Mauja Madri, claiming purchase/lease from Panchayat Titardi on 13.12.1959 (!) . * The Trial Court dismissed the suit, finding the respondents in illegal possession and noting the lack of a declaration suit (!) . * The First Appellate Court reversed the Trial Court's decision, accepting the appeal and decreeing the suit for permanent injunction (!) . * The High Court upheld the First Appellate Court's judgment, relying on an earlier judgment dated 14.07.2009 (!) . * The appellants argued that the land was government land earmarked for grazing cattle (gochar land), which the Gram Panchayat lacked authority to lease, and that the suit was not maintainable without a declaration (!) . * The respondents argued that the lease deed was more than 30 years old, invoking Section 90 of the Evidence Act for presumption of truth (!) .
Court's Findings and Reasoning * No revenue record was produced by the respondents to show that the land was ever mutated in their favor (!) . * To prove the lease, the respondents produced only two witnesses (PW-4 and PW-5) claiming to be former Panchayat members, but the document did not contain their signatures, only the Sarpanch's attestation (!) . * The respondents failed to summon the record from the Gram Panchayat to prove the contents of the document, despite the appellants challenging its authenticity and the Panchayat's competence to lease the land (!) . * Since the Gram Panchayat was not impleaded, the respondents were required to prove the document and the Panchayat's competence to lease the land themselves, which they failed to do (!) . * Revenue records produced by the appellants showed the land was owned by the Government (Bilanam Sarkar) and reserved for grazing cattle (shamlat deh) (!) . * The respondents failed to establish their title to the land as per their own stand, leading the court to find them to be encroachers (!) . * In a similar bunch of appeals involving other family members, the court found that alleged lease deeds dated 27.08.1985 were executed in contravention of Rule 266 of the 1961 Rules, as the due process for private negotiation was not followed and no reasons were recorded (!) (!) .
Outcome * The judgment and decree of the First Appellate Court and the High Court were set aside as they suffered from patent illegality (!) . * The judgment and decree of the Trial Court were restored, resulting in the dismissal of the suits filed by the respondents (!) . * The appellants' appeals were dismissed (!) .
JUDGMENT :
RAJESH BINDAL, J.
1. Leave granted in S.L.P. (C) No. 25200 of 2013.
2. This order will dispose of a bunch of appeals as common issues are involved.
Civil Appeal No. 722 of 2012
3. In the case in hand, a Civil Suit1 [Civil Suit Case No. 153/99ED] was filed by the respondents for permanent injunction and for ownership and possession of the suit land. The Trial Court2 [Civil Judge (K-Kha) City (South) Udaipur] dismissed the suit, however, First Appellate Court3 [Additional District Judge, Udaipur] accepted the appeal and decreed the suit restraining the defendants therein from interfering in the possession of the plaintiffs in the suit land. The appeal preferred before the High Court4 [Rajasthan High Court at Jodhpur] by the present appellants was dismissed. It is the aforesaid judgment5 [Judgment dated 14.07.2009 in Civil Second Appeal No. 06 of 2009] which is impugned before this Court.
4. The respondents filed the suit on 10.05.1999 for permanent injunction against the appellants and also claimed ownership and possession of the suit land, situated at Mauja Madri, Savina Road, measuring 35 x 38 i.e. 1,330 square yards on which a room measuring 20 x 30 feet had been constructe
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