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2026 Supreme(Online)(Del) 6505

IN THE HIGH COURT OF DELHI AT NEW DELHI
Neena Bansal Krishna, J
Biro Bai – Appellant
Versus
Arud Singh – Respondent
RFA 91/2026|CM APPL. 5706/2026|CM APPL. 5707/2026|CM APPL. 5708/2026

Advocates:
For the Appellants/Petitioners: Avtar Singh
For the Respondents: None

In a suit for declaration and possession, a plaintiff must establish a clear chain of title through valid, registered documentation. Absent such proof, the defendant's established long-settled, open possession prevails over undocumented proprietary claims.

Headnote:(A) Code of Civil Procedure, 1908 - Section 96 - Transfer of Property Act, 1882 - Section 54 - Registration Act, 1908 - Section 17 - Suit for possession, declaration and mesne profits - Burden of proof to establish ownership - Failure to produce chain of title or valid registered documents - Principle that relief cannot be granted solely on possessory claims when defendant establishes long-settled, open possession - Necessity of proving ownership for declaratory relief under Section 54 of the Transfer of Property Act. (Paras 26, 47, 49, 64, 66)

(B) Evidence - Appreciation of evidence - Evaluation of oral testimony and documentary evidence concerning long-settled possession - Appellate court's role is to verify if the trial court's appreciation of evidence is legally sound and free from perversity - Absence of proof regarding permissive user of the property - Findings of trial court based on consistent evidence of long-term occupation by opposing party warrant no interference. (Paras 35, 61, 65, 66)

Facts of the case:
Plaintiffs/appellants filed a suit for possession, declaration, and mesne profits, claiming they were the rightful owners of the suit property through a previous purchase. Defendants asserted that the suit property was occupied as a permissive user for a limited portion and that they had been in long-settled, open possession of the remainder for over four decades. The trial court dismissed the suit, finding that the plaintiffs failed to prove their title according to law and that the defendants had established their long-settled possession.

Findings of Court:
The court found that the plaintiffs could not establish a valid chain of title for the entire property as required under the Transfer of Property Act. The evidence confirmed that the defendants maintained long-settled, peaceful possession of the disputed portion and the plaintiffs failed to provide credible evidence of their own possession or to prove that the defendants were merely permissive users of the land in question.

Issues: (1) Whether the plaintiffs are entitled to a decree of possession, declaration, and permanent injunction. (2) Whether the suit is barred by limitation and whether the plaintiffs established valid proprietary rights over the suit property.

Ratio Decidendi: In a suit for declaration and possession, the burden lies on the plaintiff to prove proprietary title through valid, registered documentation. Where the plaintiff fails to establish title and the evidence clearly demonstrates the defendant's long-settled, open possession, the suit for possession and declaration must fail.

Result: Appeal dismissed.

Table of Content
1. plaintiffs' claim of ownership through chain of title and permissive user termination. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. defendant asserts prior peaceful possession and lack of plaintiff title. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18)
3. trial court's evaluation of evidence and finding for the defendants. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27)
4. grounds for appeal challenging the trial court's assessment of facts. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39)
5. appellate court review of factual evidence and possessory rights. (Para 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63)
6. failure to prove title or permissive usage leads to dismissal. (Para 64 , 65 , 66 , 67 , 68)

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Regular First Appeal has been preferred under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) against the Impugned Judgment dated 22.07.2025, whereby the learned District Judge dismissed the Suit of the Plaintiffs for Possession, Declaration and Mesne Profits.

2. The facts in brief, are that the Plaintiffs, who are the wife and sons of late Sh. Joginder Singh, claim ownership of property admeasuring 150 sq. yards bearing Plot No. 13, H. No. 47, Sardar Mohalla, Tughlakabad Village, New Delhi-110044 (hereinafter referred to as the “Suit Property”).

3. It was stated that late Sh. Joginder Singh had purchased the suit property on 04.03.1980 from Sardar Bishan Singh, who had acquired the same from Sh. Nanka Singh in 1962. The Plaintiffs further claimed that the Suit Property was the self-acquired property of late Sh. Joginder Singh and upon his demise, devolved upon them, and they have been in continuous and peaceful possession thereof.

4. After the demise of Bishan Singh (the erstwhile owner), his nephew and other family members requested the Plaintiff No. 1 to allow them to store goods in the vacant plot of the Suit Property, which was permitted. The Defendant No. 1 Arud Singh (since deceased), is now represented by his LRs. After some time, Arud Singh started asserting his rights in the Suit Property, which was vehemently opposed by the Plaintiff No. 1.

5. A Panchayat was convened, wherein the parties were asked to produce their documents. Defendant No. 1 failed to produce any documents, whereas the Plaintiff adduced the Written Note of Sardar Bishan Singh, through which the property had been transferred to late Sh. Joginder Singh. The Defendants were reprimanded by the Panchayat. However, instead of mending their ways, they started threatening the Plaintiffs and attempted to dispossess them from the Suit Property. The Plaintiff also made a Complaint to the DCP, Sarita Vihar, seeking protection of life and property.

6. The Defendant No. 1, being a man of means, prevailed over the local Police, and in connivance with them, had put up a fence around the Suit Property and demarcated a portion thereof for himself, while the other portion for the Plaintiffs. The Defendant No. 1, Arud Singh, despite knowing the perfect title of the Plaintiffs, under the protection of the local Police, illegally sold a portion of the Suit Property, to the Defendant No. 2.

7. Since then, possession of a portion of the Suit Property is with the Defendants and the Plaintiffs are being prevented from entering their own house. The Plaintiffs thus, terminated the permissive user of Defendant No. 1 in the year 2010 and asked him to hand over the peaceful and vacant possession of the property. However, when the Defendant No. 1 did not do so, the Plaintiffs filed the present Suit for Possession and Declaration as well as for Mesne Profits.

8. The Suit was contested by the Defendant No. 1 Sh. Arud Singh, who in his Written Statement, took a preliminary objection that the Plaintiffs did not disclose any cause of action and Plaintiffs had no locus standi to file the present Suit. It wa

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2026 Supreme(Online)(Del) 6505

IN THE HIGH COURT OF DELHI AT NEW DELHINeena Bansal Krishna, JBiro Bai – AppellantVersusArud Singh – RespondentRFA 91/2026|CM APPL. 5706/2026|CM APPL. 5707/2026|CM APPL. 5708/2026

In a suit for declaration and possession, a plaintiff must establish a clear chain of title through valid, registered documentation. Absent such proof, the defendant's established long-settled, open possession prevails over undocumented proprietary claims.

IN THE HIGH COURT OF DELHI AT NEW DELHI
Neena Bansal Krishna, J
Biro Bai – Appellant
Versus
Arud Singh – Respondent
RFA 91/2026|CM APPL. 5706/2026|CM APPL. 5707/2026|CM APPL. 5708/2026