2014 Supreme(Raj) 44
SUPREME COURT OF INDIA
Union of India Vs. Vasavi Co-op. Housing Soc. (Radhakrishnan, J.)
HON'BLE K.S. RADHAKRISHNAN, J.
HON'BLE A.K. SIKRI, J.
Union of India & Ors.
Versus
Vasavi Co-op. Housing Society Ltd. & Ors.
Civil Appeal No.4702 of 2004, decided on 07.01.2014
Headnote:Specific Relief Act, 1963, Sec. 34 read with Evidence Act, 1872, Sec. 114 — Suit for decleration of title and possession — Onus to prove title is on the plaintiff — Revenue Records are not the document of title and entries in the record are not proof of title — Held — Title set up by the defendant even if found against them, plaintiff cannot take the benefit and must be non-suited in absence of establishment of title.
Appeal allowed. (Paras 15, 17, 20 to 22)
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Act Referred
SPECIFIC RELIEF ACT : S.34
Facts
2. The plaintiff’s case is that it had purchased the land situated in Survey Nos.60, 61 and 62 of Kakaguda Village from Pattedar B.M. Rama Reddy and his sons and others during the year 1981-82. The suit land in question forms part of Survey Nos.60 and 61. The suit land in question belonged to the family of B. Venkata Narasimha Reddy consisting of himself and his sons Anna Reddy, B.V. Pulla Reddy and B.M. Rama Reddy and Anna Reddy’s son Prakash Reddy. Land in old Survey No.53 was allotted to Rama Reddy vide registered family settlement and partition deed dated 11.12.1939 (Ex.A2). In the subsequent re-settlement of village (Setwar of 1353 FASLI), the land in Survey No.53 was re-numbered as Survey No.60, 61 and 62. Ever since the allotment in the family partition of the above-mentioned land, vide the family partition deed dated 19.03.1939, Rama Reddy had been in exclusive possession and enjoyment and was paying land revenue. Rama Reddy’s name was also mutated in the Pahanies.
3. Plaintiffs further stated that the first defendant had it’s A.O.C. Centre building complex in Tirumalagiri village adjoining the suit land Survey No.60 of Kakaguda village. The first defendant had also requisitioned 4 acres and 28 guntas in Survey No.60 of Kakaguda Village in the year 1971 along with the adjoining land in Tirumalagiri for extension of A.O.C. Centre. Further, it was stated that 6th Defendant took possession of the above-mentioned land and delivered possession of the same to other defendants. The 3rd Defendant later vide his letter dated 18.12.1979 sent a requisition for acquisition of 4.38 guntas in Surevy No.60 for the extension of A.O.C. Centre. Notification was published in the official Gazette dated 18.09.1980 and a declaration was made on 30.06.1981 and compensation was awarded to Rama Reddy vide Award dated 26.07.1982.
4. The Plaintiffs, as already stated, had entered into various sale deeds with Rama Reddy during the year 1981-82 by which land measuring 13 acres and 08 guntas in Survey No.60, 11 acres and 04 guntas in Survey No.61 and 17 acres and 20 guntas in Survey No.62 were purchased, that is in all 41 acres and 32 guntas. Plaintiffs further stated that the land, which was purchased by it was vacant, but persons of the Defence Department started making some marking on the portions of the land purchased by the plaintiff, stating that a substantial portion of the land purchased by the plaintiff in Survey No.60/1 and 61 belonged to the Defence Department and treated as B-4 in their records. Plaintiff then preferred an application dated 12.09.1983 to the District Collector under the A.P. Survey and Boundaries Act for demarcation of