VidhiSangh

Supreme Court of India · 04/01/2023

SMRITI DEBBARMA (DEAD) THROUGH LEGAL REPRESENTATIVE versus PRABHA RANJAN DEBBARMA AND OTHERS

[2023] 1 S.C.R. 355 · 2023 INSC 8

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Summary

The legal representative of Maharani Chandratara Devi sued for title to and possession of 'Khosh Mahal' land in Agartala. She relied on a 1951 deed of patta in favour of Bidurkarta and his 1952 ekrarnama acknowledging the Maharani's rights. The trial court decreed the suit, but the Gauhati High Court reversed it. The Supreme Court dismissed the appeal. The patta and ekrarnama described a smaller, differently bounded plot with no hotel building. The court surveyor could not identify the suit land with it, the plaint area was enlarged only after the survey report, and an older registered patta stood in the hotel company's name. The plaintiff's own pleadings admitted the company's possession. Under Sections 101 and 102 of the Evidence Act, a plaintiff seeking title and possession must prove a better title, and cannot succeed on the weakness of the defence.

Issues

  1. Whether the plaintiff proved title to and the right to possession of the Schedule 'A' property ('Khosh Mahal'), Agartala, on the basis of the 1951 Deed of Patta and the 1952 Ekrarnama, as against defendants in possession.

Provisions considered

Held

Result

Civil Appeal No. 878 of 2009 against the Gauhati High Court (Agartala Bench) judgment dated 17.05.2006 in F.A. No. 40 of 1997 dismissed, and the dismissal of Title Suit No. 66 of 1986 upheld; no costs.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 355.