SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(HP) 7710

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Bipin Chander Negi, J
Ram Kumar (deceased) through LRs and others – Appellant
Versus
Piarey Lal (deceased) through LRs and Others – Respondent
RSA No.308/2023



Advocates:
For the Appellants/Petitioners: Mr. Sanjay Jaswal
For the Respondents:Mr. R.K. Sharma, Sr. Advocate, Ms. Anita Muskan

Revenue records carry a presumption of correctness, and mere allegations are insufficient to rebut this presumption; substantial evidence is required to prove ownership claims.

Headnote:(A) Code of Civil Procedure - Section 100 - Appeal against the judgment and decree - Suit for declaration of ownership and possession of land - Court held that evidence must substantiate claims of ownership, and presumption of truth attaches to revenue entries unless rebutted. (Paras 7, 9)

(B) Tenancy Law - Burden of proof lies on the person asserting tenancy terms - Plaintiffs failed to demonstrate ownership, nor did they produce convincing evidence to challenge the recorded landlord-tenant relationship. Court upheld validity of mutations and the findings of lower courts. (Paras 7, 9, 10)

Facts of the case:
The suit was initiated by plaintiffs claiming ownership and possession of land, challenging revenue records that favored the defendants. Defendants maintained records showing legitimate tenancy and ownership rights.

Findings of Court:
The plaintiffs failed to prove their case against the revenue entries recorded in favor of defendants; established tenancy and ownership was affirmed.

Issues: The court addressed the legitimacy of revenue records regarding tenancy and the plaintiffs' claims of ownership.

Ratio Decidendi: The court articulated that without substantial evidence to counter the presumption of correctness of revenue records, the plaintiffs' appeal could not succeed.

Result: Appeal dismissed.

Table of Content
1. plaintiffs claim ownership over land. (Para 2)
2. defendants assert legitimate tenancy and ownership claims. (Para 4 , 5)
3. revenue records protected under law; courts prefer documented evidence. (Para 7 , 8)
4. plaintiffs failed to prove their ownership; the appeal has no merit. (Para 9)
5. the case is concluded with a dismissal of the appeal. (Para 10)

For the Respondenots : Mr. R.K. Sharma, Sr. Advocate, with Ms. Anita Muskan, Advocate. Bipin Chander Negi, Judge (oral).

The Appellants, before this Court by filing this appeal under section 100 of the Code of Civil Procedure (for short, CPC), have assailed the judgement and decree dated 23-08-2022 passed by the learned Additional District Judge, Kangra at Dharamshala in Civil Appeal No. 38-J/XIII/2021/2018, affirming the judgement and decree dated 18-12-2015 passed by the learned Senior Civil Judge (Junior division), Jawali, District Kangra in Civil Suit No. 181/2007.

2. The parties herein shall be referred to in the same manner as they were referred to before the learned trial Court and in the impugned judgment and decree, for the sake of convenience. The facts giving rise to the present appeal are that the plaintiffs filed a suit seeking a declaration that they are in possession of the suit

1 Whether reporters of Local Papers may be allowed to see the judgment? YES

land as joint owners and that the defendants or their predecessor-

in-interest, Fangan Ram, had no right, title, or interest thereinP. They further sought a declaration that the revenue entries in favour of the defendants' predecessor, showing him as a tenant on Galla Batai, were illegal, null, and void, having been incorporated without consent and not in accordance with law. The plaintiffs also challenged Mutation No. 110, attested on 11.06.1991, which conferred proprietary rights upon tFangan Ram, and Mutation No. 263, dated 27.09.1999, which showed the defendants as owners, alleging these were sanctioned without opportunity of hearing and were illegal.

3. Consequential relief of permanent prohibitory injunction restrainin g the defendants from interfering in the suit land with an alternate prayer for possession were also made. The plaintiffs pleaded to be owners in possession of the land, specifically Khata No. 52, Khatauni No. 136 min, Khasra Nos. 1128 & 1131, measuring 0-68-53 Hms in Mauza Harnota Khas, Tehsil Jawali District Kangra and denied any tenancy relationship, alleging the defendants' predecessor was never inducted as a tenant and that the entries were a result of connivance. The cause of action was stated to have arisen in July 2007 when threats were made and the plaintiffs discovered the allegedly wrong entries.

4. The defendants contested the suit, raising preliminary objections on maintainability, estoppel, and limitation, and pleaded on merits that Fangan Ram was inducted as a tenant on Galla Batai prior to 1970, acquired ownership rights on the appointed dPay of

04.10.1975 by operation of law, and that the mutations were rightly sanctioned. They denied the plaintiffs' ownership and possession and prayed for dismissal of the suit. No replication was filed by the plaintiffs. The learned trial Court framed the following issues on

10.09.2009:

1. Whether plaintiffs are entitled for a decree of declaration, as claimed? OPP 2. Whether mutation No. 110 attested and nd sanctioned by A.C. 2 Grade dated 11.06.1991 is wrong, illegal, null & void, as alleged? OPP. 3. Whether entries showing Fangan Ram son of Maru as tenant in the revenue record are illegal, wrong, null & void? OPP.

4. Whether mutation No. 263 dated 27.09.1999 attested in favour of the defendants showing them owners in possession of the suit land, is wrong, illegal, null & void? OPP. 5. Whether suit of the plaintiffs is not maintainable in the present form? OPD. 6. Whether plaintiffs have not approached this Court with clean hands? OPD.

7. Whether plaintiffs are estopped by their act and conduct from filing the present suit? OPD. 8. W

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top