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ALKA SARIN
Paras Ram – Appellant
Versus
Ganpat Ram – Respondent
JUDGMENT
Mrs. Alka Sarin, J.
The present appeal has been preferred by the plaintiff-appellants challenging the concurrent findings of fact returned by the Trial Court and the First Appellate Court vide judgments and decrees dated 30.11.1987 and 22.09.1990, respectively.
2. Briefly stated, the facts of the case are that the predecessor-in- interest of the plaintiff-appellants i.e. Devi Sahai filed the present suit. During the pendency of the suit, on the death of Devi Sahai, his legal representatives were impleaded as plaintiffs. The dispute relates to a site identified by letters 'ABCD' in the plan (Ex.P1) attached with the plaint. The case set up by the plaintiff-appellants was that the site was part of plot No.212 which was owned by the plaintiff-appellants and that the defendant-respondent, whose house adjoined the site in dispute towards North, had illegally opened a door at site 'D' in the southern wall of his house and through the door the defendant-respondent had gained access to the site in dispute and constructed a chabutra and hence the suit for prohibitory injunction directing the defendant-respondent to close the door and also to remove the chabutra and an injunction for
Mutation entries in revenue records do not confer ownership; only a competent civil court can determine title to property.
Civil Courts may not interfere with consolidation records unless significant arbitrariness is demonstrated; judicial procedures must be adhered to diligently.
It is worthy to note that on the death of a female bhumidhar succession to holding goes not to her heirs but to "nearest surviving heir of the last male bhumidhar". In other words it is the heirs of ....
Orders and titles obtained through fraud are nullities; rightful ownership should not be barred by procedural delays attributable to such fraud.
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