AI Overview...
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Possession of Land and Evidence - Courts have considered various types of evidence, including revenue entries, survey reports, and oral testimony, to determine possession and title. In several cases, courts upheld the plaintiff's claim of possession based on continuous enjoyment, survey measurements, and documentary evidence, while others found the evidence insufficient or disregarded relevant evidence (e.g., Kandasamy Gounder VS Thangavel Gounder & Another - Madras, Kandasamy Gounder VS Thangavel Gounder & Another - Madras, Kandasamy Gounder VS Thangavel Gounder & Another - Madras).
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Possession in Mining and Lease Contexts - The possession of underground or leased land, such as mining leases, can be established through principles like estoppel and Section 116 of the Evidence Act, which prevent defendants from denying possession if they have been put in possession by the plaintiff (e.g., KUMAR PASHUPATI NATH MALIA VS SANKARI PROSAD SINGH DEO - Calcutta).
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Revenue and Legal Proceedings - Revenue records, survey reports, and official orders play a crucial role in establishing possession and ownership. Courts have examined these records to determine the validity of claims, sometimes noting discrepancies or the need for proper consideration of all relevant evidence (e.g., Kandasamy Gounder VS Thangavel Gounder & Another - Madras, Gorai Machhimar Sahakari Sanstha Limited VS State of Maharashtra through its Law and Judiciary Department - Bombay, Gorai Machhimar Sahakari Sanstha Limited VS State of Maharashtra through its Law and Judiciary Department - Bombay).
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Possession after Sale or Transfer - Legal confirmation of sale, possession handover receipts, and court orders are key in establishing possession post-sale. Courts have recognized that possession handed over to Court Receivers or through revenue orders supports claims of ownership, although the nature of such possession (actual or on paper) is sometimes debated (e.g., Gorai Machhimar Sahakari Sanstha Limited VS State of Maharashtra through its Law and Judiciary Department - Bombay, Gorai Machhimar Sahakari Sanstha Limited VS State of Maharashtra through its Law and Judiciary Department - Bombay).
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Possession and Mortgage or Income - In mortgage disputes, courts assess whether income received from mortgaged property should be credited to the mortgagee's account, and whether possession was legally transferred. Evidence such as receipts and agreements under Section 115 of the Evidence Act are considered (e.g., Lodd Govinda Doss Krishna Doss VS The Rajah Of Karvetnagar Minor By - Madras).
Analysis and Conclusion:
The sources collectively demonstrate that establishing possession involves a multifaceted evaluation of documentary evidence, official records, survey reports, and oral testimony. Courts tend to favor evidence that shows continuous and uncontested enjoyment, official recognition, or formal transfer of possession. In disputes involving underground leases, mining rights, or sale transactions, possession is often supported by legal presumptions, official reports, and procedural compliance. The evidence of possession, whether through revenue records, survey stones, receipts, or court orders, is central to resolving ownership and possession disputes.
Search Results for "Revenue Recode Shows Evidence of Possession Suit"
1955 0 Supreme(Cal) 212 • India - Calcutta
P.N.MUKHERJEE, RENUPADA MUKHERJEE
The defendants went into possession of the disputed underground under the said lease and were put in such possession by the plaintiff's ... LANDLORD AND TENANT - Mining lease - Whether a lease under the Transfer of Property Act - Estoppel - Section 116, Evidence Act ... the plaintiff's title to the leasehold underground or to set up title in themselves as against the plaintiff under Section 116, Evidence ... Obviously, the learned Judge had in mind Section 116, Evidence Act, and he applied the same. .......
1999 0 Supreme(Mad) 1068 • India - Madras
M.KARPAGAVINAYAGAM
LAND DISPUTE - POSSESSION - TITLE - EVIDENCE - COMMISSIONER'S REPORT - APPELLATE COURT'S FAILURE TO CONSIDER RELEVANT EVIDENCE ... The court found that the Commissioner's report was not sufficient to rebut the plaintiff's evidence of title and possession. 2. ... Whether the plaintiff had proved his title and possession to the entire property, including the disputed 44 cents? ... On the other hand, the case of the plaintiff through his oral evidence and through Exs.A-1....
1999 0 Supreme(Mad) 1071 • India - Madras
M.KARPAGAVINAYAGAM
On the other hand, the case of the plaintiff through his oral evidence and through Exs.A-1 to A27 is that the purchased the suit property of 2.44 acres on 30.9.1967 and he has been in continuous enjoyment and possession of the same throughout. ... to the title and possession. ... On the application sent to the Revenue Authorities by the first defendant, the District Surveyor came and took measurements of the land and put survey stones as per the documents. ... Though the said suit was ....
1973 0 Supreme(Bom) 25 • India - Bombay
C.S.DHARMADHIKARI
REVENUE SALE - Confirmation of Sale - Effect - Transfer of Property - Fraud - Oral Gift - Suit for Possession - Maintainability ... Finding of the Court: The trial court dismissed the suit, holding that no evidence was adduced to prove that Radhakisan ... Fact of the Case: Plaintiffs filed a suit for possession and damages for use and occupation of a suit house, which ... The original plaintiffs had filed a suit for po....
2015 0 Supreme(Tri) 267 • India - Tripura
S.TALAPATRA
The defendant contested the suit, claiming joint ownership and possession of the land. ... The plaintiff filed a suit for declaration of title, recovery of possession, and injunction in respect of a land. ... ownership and possession of the land. ... The defendant-appellant at the same time denied the title and possession of the plaintiff-respondent No. 1 over the suit land and prayed for dismissal of the suit. ... evidence includin....
2023 0 Supreme(J&K) 411 • India - Jammu and Kashmir
SANJAY DHAR
The court concluded that the petitioners' claim of tenancy was not supported by revenue entries and that the private respondents ... the authority to evict unauthorized occupants of migrant property and that the petitioners' claim of tenancy was not supported by evidence ... 1997 - Sections 3, 4, 5 Fact of the Case: The petitioners challenged the order of the District Magistrate directing possession ... It has been contended that this fact is supported by the revenue entries and even in the impugned order, it is indicat....
2009 0 Supreme(Bom) 878 • India - Bombay
P.B.MAJMUDAR, R.M.SAVANT
The 3rd respondent then filed a suit for declaration of title and possession. ... The 3rd respondent then filed a suit for declaration of title and possession. ... During the pendency of the suit, the Revenue Minister passed the impugned order allowing the appeal filed by the 3rd respondent and ... Mehta submits that the receipt passed in favour of the Court Receiver clearly shows that Court Receiver has handed over possession of the entire land to t....
1999 0 Supreme(Mad) 1069 • India - Madras
M.KARPAGAVINAYAGAM
LAND DISPUTE - TITLE AND POSSESSION - EVIDENCE - COMMISSIONER'S REPORT - APPELLATE COURT'S FAILURE TO CONSIDER RELEVANT EVIDENCE ... The High Court found that the plaintiff had proved his title and possession to the entire 2.44 acres of land. ... The High Court found that the plaintiff had proved his title and possession to the entire 2.44 acres of land. 2. ... “Whether the judgment of the lower appellate court is vitiated by its failure to consider all the relevant materials and evidence#HL_E....
2009 0 Supreme(Bom) 874 • India - Bombay
R.M.SAVANT, P.B.MAJMUDAR
Maharashtra Land Revenue Code, 1966-Section 258- Civil Procedure Code, 1908-Order 47 -Power of review of Revenue Authorities is akin ... Mehta submits that the receipt passed in favour of the Court Receiver clearly shows that Court Receiver has handed over possession of the entire land to the Plaintiffs. I must say that in all probability the receipt is only a receipt of possession on paper only. ... Much prior to initiating proceedings under Section 20 (2) of the Code, the land had already been entered....
1915 0 Supreme(Mad) 241 • India - Madras
S.AIYAR, K.SASTRI
The dispute relates to the amount received by the decree-holder from the mortgaged property after he took possession of it from the ... Issues: The main issue was whether the appellant is bound to give credit for the income received by him as mortgagee in possession ... But where such a result will not follow, there is nothing to prevent the application of the provisions of Section 115 of the Evidence Act to agreements between the parties. ... The suit itself was instituted in 1901. At the time of the institution of the....
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