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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

Two families disputed ownership of agricultural land in Madhya Pradesh. Respondents claimed to be original lessees whose lease was recorded during settlement. Appellants claimed their grandfather received a valid lease (patta) in 1929 through auction and had been in continuous possession. The trial court favoured the appellants based on the thirty-year-old lease document and consistent revenue records. The High Court and First Appellate Court reversed this, finding the lease invalid and favouring the respondents. The Supreme Court held that in title suits, plaintiffs must prove their own case; respondents failed to produce their original lease or prove abandonment. Revenue documents and the Commissioner's report showed appellants had valid title and possession, while respondents' revenue entries were fraudulently made. The Court set aside the High Court's judgment and restored the trial court's decision, allowing the appeal.

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