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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHARMILA U.DESHMUKH
Shantabai Gopinath Thakur – Appellant
Versus
Pandurang Janardhan Mhatre – Respondent
JUDGMENT :
SHARMILA U. DESHMUKH, J.
1. The First Appeal is at the instance of the original defendant challenging the impugned judgment dated 13th February, 1991 declaring the plaintiff as absolute owner of the suit property, i.e. plot of land bearing Survey No. 32, Hissa No. 34, admeasuring 22 gunthas at village – Erangal, Taluka – Andheri and restraining the Defendants from trespassing upon the suit property. For sake of convenience, parties are referred to by their status before the Trial Court.
FACTUAL MATRIX
2. S.C. Suit No. 261 of 1970 was initially filed seeking perpetual injunction against the Defendant. On objection being raised to maintainability of suit simpliciter for injunction, the plaint came to be amended seeking declaration of ownership. The case of the Plaintiff was that the Plaintiff is the owner of suit property being immovable property bearing Survey No. 32 Hissa No. 34 consisting of 22 gunthas admeasuring 2552 sq. yards at Village – Erangal and the original Defendant is owner of adjoining property bearing Survey No. 32, Hissa No. 35 admeasuring three gunthas at Village – Erangal, Taluka – Andheri, Bombay – 58. The entire ancestral property including the suit proper
Entries in revenue records create a presumption of ownership that must be rebutted by the opposing party; mere claims of adverse possession without supporting ownership evidence are insufficient.
In a suit for declaration of title, the burden lies on the plaintiffs to substantiate ownership with clear evidence; mere possession is inadequate for claims. Title must be proven, not presumed.
Revenue records do not establish ownership; the burden of proving title lies with the plaintiff, and failure to provide valid documentation leads to resolution against the claim.
A plaintiff must establish their own ownership in a suit for title and possession, as entries in revenue records do not confer title.
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
Point of law: The principle of lis pendens is still settled principle of law. In this connection, the Full Bench of the Allahabad High Court in Ram Peary, AIR 1978 All 318] has considered the scope o....
The presumption of correctness of entries in the revenue record is rebuttable and can only be rebutted by evidence of impeccable integrity and reliability. The burden of proof as to ownership lies wi....
Tenancy – Mere entry of a non-occupancy tenant is not sufficient to determine tenancy and court has to look to column of rent to determine whether tenancy existed or not.
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