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Supreme Court of India 2019-04-09 allowed

Jagdish Prasad Patel (Dead) Thr. Lrs. & Another vs Shivnath & Others

Bench: 2 — R. Banumathi

In Brief

This case concerns a dispute over ownership of agricultural land in Madhya Pradesh. The respondents (descendants of original lessees) sued for declaration of title and possession, claiming their ancestors were lessees during settlement. The appellants claimed their grandfather obtained a valid lease (patta) in 1929, which gave them superior title. The High Court upheld the lower court's finding that the respondents owned the land because no valid abandonment or revocation of their lease was shown. The Supreme Court reversed, holding that the appellants had established valid title through the 1929 patta (presumed genuine under Section 90 of Evidence Act), continuous possession, and revenue records. The Court found that respondents' entries were obtained through patwari misconduct, not valid title. The appellants' appeal was allowed and the trial court's judgment dismissing the respondents' suit was restored.

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