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Supreme Court of India 2017-09-12 allowed

Rajnarayan Sharma vs Sirnam Sharma and Others

Bench: 2 — Mohan M. Shantanagoudar

In Brief

The appellant purchased property through registered sale deeds from previous owners. The respondents (plaintiffs) claimed possession as sub-lessees, relying on revenue records (khasra entries) that listed their names. However, a revenue officer had cancelled these entries as incorrect. The Supreme Court held that possession cannot be established through cancelled revenue entries without supporting documentary evidence of a legal lease or occupancy right. Since the respondents provided no lease deed, no proof of payment, and no fixed rent agreement, and since the revenue entries were officially cancelled, they failed to prove possession. The Court allowed the appeal and dismissed the plaintiffs' suit entirely.

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Civil Procedure Possession Title to Property Evidence

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