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Supreme Court of India 2018-10-09 dismissed

VASANT BALU PATIL vs MOHAN HARACHAND SHAH

Bench: 2 — Ranjan Gogoi, N.V. Ramana

In Brief

Two landowners (Vasant Balu Patil and others) claimed title to 2.7 hectares in Mandva Village, tracing ownership from an 1916 mutation entry in their grandfather's name. Defendants (local villagers represented through Mohan Hirachand Shah) contested this, arguing the land was held on behalf of the village community. The trial court dismissed the suits based on mutation entries showing the property was held by villagers' representatives. The High Court reversed this, finding the mutation entries suspect due to interpolations. The Supreme Court upheld the High Court, holding that while mutation entries do not conclusively prove title, once declared unreliable by revenue authorities, the plaintiffs' documentary evidence established their ownership. The Court also rejected the limitation defence, finding the amendment adding declaration of title relief properly related back to the suit's filing date."

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Land Law Title and Ownership Limitation Act Land Acquisition Act Civil Procedure Evidence Mutation Records Property Rights

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