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Supreme Court of India 2019-04-09 allowed

JAGDISH PRASAD PATEL(D) THR. LRS vs SHIVNATH

Bench: 2 — R. Banumathi, R. Subhash Reddy

In Brief

The appellant sought Supreme Court relief against the High Court's affirmation of the first Appellate Court's judgment favoring respondents in a title dispute over agricultural land in Madhya Pradesh. The respondents claimed title based on a patta (lease) granted to their ancestors during settlement. The appellant's grandfather received a later patta in 1929. The Court held that respondents, in a suit for declaration of title, must prove their own title, not merely exploit weaknesses in the appellant's case. The 30-year-old patta to the appellant presumed genuine under Section 90 of the Indian Evidence Act. Revenue authority findings showing respondents' entries were fraudulently made through Patwari misconduct could not be ignored. The Court allowed the appeal, restored the trial court's judgment dismissing respondents' suit, finding appellant proved continuous possession and valid patta grant from a competent authority.

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Land Law Revenue Law Title and Possession Evidence Presumptions under Indian Evidence Act Concurrent Findings Patta/Lease Jagir Abolition Civil Procedure

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