1. Land given for running school – School closed – Purpose abandoned – Claim for return of possession. (Para 1 )
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2026 Supreme(HP) 770
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Jyotsna Rewal Dua, J.
Rattan Sain - Petitioner
Versus
State of H.P - Respondent
CWP No.20737 of 2025
Decided On : 01-07-2026
Important Points
A gift of immovable property is invalid without a registered instrument. Where land is provided for a specific purpose, it constitutes a licence that is deemed revoked under the Indian Easements Act once that purpose is abandoned.
Subject
Property Law - Transfer of Property and Easements
Act Referred
Headnote
(A) Transfer of Property Act, 1882 - Sections 123 and 126 - Registration Act, 1908 - Section 17 - Gift of immovable property - Mandatory requirement of registered instrument - A transfer of immovable property by way of gift must be effected by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses - In the absence of a registered gift deed, the donor does not lose title to the property, and an oral gift of immovable property is legally invalid (Paras 3(ii)).
(B) Indian Easements Act, 1882 - Sections 60 and 62 - Revocation of licence - A licence granted for a specified purpose is deemed revoked when such purpose is attained, abandoned, or becomes impracticable (Para 3(iii)).
Facts of the case:
Land was provided by the petitioner's grandfather to the state education department approximately 50 years ago for the specific purpose of running a government primary school. The school functioned for several decades but was closed in 2024 due to zero student enrollment. The respondent sought to retain the land, claiming it was a gift, and subsequently allotted the premises to a social welfare center. However, revenue records continued to reflect ownership in favor of the petitioner's family, and no registered gift deed was produced by the respondent.
Findings of Court:
The court found that since there was no registered instrument of gift as mandated by Section 123 of the Transfer of Property Act and Section 17 of the Registration Act, no legal title was transferred to the state. Furthermore, treating the arrangement as a licence, the closure of the school meant the specific purpose for which the land was provided had been abandoned.
Issues: Whether the state could retain possession of land provided for a specific purpose (running a school) in the absence of a registered gift deed after the purpose for which the land was given was abandoned.
Ratio Decidendi: The court ruled that immovable property cannot be gifted via an oral agreement; a registered deed is essential for the transfer of title. Additionally, under Section 62(f) of the Indian Easements Act, a licence given for a specific purpose is deemed revoked once that purpose is abandoned. Therefore, the state cannot retain possession of the land after the school's closure.
Result: Writ petition allowed. Respondent directed to give the possession of the land in question back to the owners within four weeks.
(B) Indian Easements Act, 1882 - Sections 60 and 62 - Revocation of licence - A licence granted for a specified purpose is deemed revoked when such purpose is attained, abandoned, or becomes impracticable (Para 3(iii)).
Facts of the case:
Land was provided by the petitioner's grandfather to the state education department approximately 50 years ago for the specific purpose of running a government primary school. The school functioned for several decades but was closed in 2024 due to zero student enrollment. The respondent sought to retain the land, claiming it was a gift, and subsequently allotted the premises to a social welfare center. However, revenue records continued to reflect ownership in favor of the petitioner's family, and no registered gift deed was produced by the respondent.
Findings of Court:
The court found that since there was no registered instrument of gift as mandated by Section 123 of the Transfer of Property Act and Section 17 of the Registration Act, no legal title was transferred to the state. Furthermore, treating the arrangement as a licence, the closure of the school meant the specific purpose for which the land was provided had been abandoned.
Issues: Whether the state could retain possession of land provided for a specific purpose (running a school) in the absence of a registered gift deed after the purpose for which the land was given was abandoned.
Ratio Decidendi: The court ruled that immovable property cannot be gifted via an oral agreement; a registered deed is essential for the transfer of title. Additionally, under Section 62(f) of the Indian Easements Act, a licence given for a specific purpose is deemed revoked once that purpose is abandoned. Therefore, the state cannot retain possession of the land after the school's closure.
Result: Writ petition allowed. Respondent directed to give the possession of the land in question back to the owners within four weeks.
Legal Category Hierarchy
-
property law
-
transfer of property
-
gift
- gift of immovable property
- registration of gift
- revocation of gift
-
gift
-
easements
-
license
- revocation of license
- deemed revocation on abandonment of purpose
-
license
-
transfer of property
Advocates Appeared:
For the Petitioner:Mr. Chander Shekhar Chauhan, Advocate.
For the Respondent:Mr. Anup Rattan, Advocate General with Mr. Sikandar Bhushan, Deputy Advocate General.
For the Petitioner:Mr. Chander Shekhar Chauhan, Advocate.
For the Respondent:Mr. Anup Rattan, Advocate General with Mr. Sikandar Bhushan, Deputy Advocate General.
Table of Contents
2. Writ allowed – Respondent directed to return possession of land within four weeks. (Para 4 )
JUDGMENT :
Jyotsna Rewal Dua, J.
Petitioner seeks direction to the respondent- State Education Department to return him possession of the land given by his grandfather about 50 years ago to the respondent- State Education Department for the purpose of running a Government school. Prayer has been made on the factual assertion that school is not being run on the land in question, therefore, the purpose for which the land was given, has been abandoned by the State.
2. Heard learned counsel for the parties and considered the case file.
2(i) The case set up by the petitioner is that his grandfather ‘gave’ his owned land comprised in Khewat No. 89/81, Khatauni No. 224/216 min, Khasra NoS. 913 and 914, measuring 00-01-20 & 00-00-94, hectares respectively, situated at Sub Tehsil Dhamwari, Kanungo Circle Dhamwari, Patwar Circle Sindhasali, District Shimla. The land was given to the respondent- State Education Department for running a Government Primary School at the native village of the petitioner’s grandfather. The State Education Department opened Government Primary School Gokaswari over the aforesaid land, which was later upgraded as Middle School, which continued in old dilapidated two rooms building. During the year 2017, aforesaid Middle School was closed by the respondent- State Education Department there being nil student enrolment. This was due to the fact that Government Senior Secondary School had become operational at Dhamwari, at walking distance from the closed Middle School. On 17.08.2024, respondent- State Education Department also closed down the Primary School Gokaswari because of non- availability of students. Teaching staff of the aforesaid school was shifted to the Government school at Dhamwari. A Government Primary School is running just adjacent to the Government Senior Secondary School Dhamwari.
2(ii) Petitioner’s case is that by the closure of the Government Primary School Gokaswari, for which petitioner’s grandfather had parted with his land, the purpose for giving the land to the Government was defeated/abandoned; Petitioner’s grandfather had given his land to the respondent-State Education Department only for running the Government school in the interest of welfare of the villagers as at that time, no school was in existence in the area for the villagers and students; The Government Primary School Gokaswari functioned over this land till 17.08.2024 In view of closure of school due to non- availability of students and availability of Government Primary School as also the Senior Secondary School in the vicinity i.e. at Dhamwari, petitioner served legal notice to the respondent- State Education Department on 29.08.2025 for giving him back the possession of the land in question. Failure of the respondent to do the needful compelled the petitioner to institute this writ petition for grant of following substantive relief:-
“1. That the appropriate writ may kindly be issued, with the Prayer that the Piece of the land which is given by the owner of the land to the concerned government Education department was only for the purpose of running the government school at his native village. Now the school is closed by the concerned Government Education department in year 2024 because of the non availability of the student. The purpose of giving the land to the Education department by the owner of the land, is defeated, as the government Education department ordered the closure of the school. To see and take this fact into the consideration may kindly passed an order to giving the possession of the land to the owner of the land and may also passed the order of the appropriate disposal of the dilapidated two rooms building of the school and as the Hon'ble High court may thinks fit, in the interest of justice.”
2(iii) Respondent in its reply has pleaded that:-
(i) The land was donated/gifted by the petitioner’s grandfather to the respondent- State Education Department about 50 years ago for the purpose of running a Government Pri
