VidhiSangh

Supreme Court of India · 10/10/2017

NAGAR PALIKA RAISINGHNAGAR versus RAMESHWAR LAL & ANR.

[2017] 10 S.C.R. 133 · 2017 INSC 1024

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Summary

A municipal body challenged a permanent injunction protecting land held under a patta granted to the plaintiff’s grandfather. The first appellate court and High Court found the grant and possession proved, while the municipality failed to prove cancellation, repayment or that the patta concerned different land. The Supreme Court declined to disturb those supported factual findings and dismissed the appeal.

Issues

  1. Whether the municipality established grounds to disturb the findings supporting the permanent injunction.
  2. Who bore the burden of proving the alleged cancellation, refund and different identity of the allotted land.

Held

Result

Municipality’s appeal dismissed; the permanent injunction granted by the first appellate court and affirmed by the High Court remained operative.

Judgment PDF: Supreme Court of India, [2017] 10 S.C.R. 133.