VidhiSangh

Supreme Court of India · 17/08/2022

SATYENDER AND ORS. versus SAROJ AND ORS

[2022] 13 S.C.R. 342 · 2022 INSC 839

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Plaintiffs claiming ownership of agricultural land in Bhiwani, Haryana sued for declaration and possession, alleging that their tenant had sub-let to his son. The trial and first appellate courts dismissed the suit and decreed the defendants' counter-claim to two additional plots. In second appeal, the High Court upheld the dismissal but decreed two plots in the plaintiffs' favour because the defendants had made no counter-claim to them. The Court held that in Haryana second appeals are governed by Section 41 of the Punjab Courts Act, 1918, so no substantial question of law need be formulated. Decreeing plots on the absence of a counter-claim wrongly relieved the plaintiffs of their burden of proof. The counter-claim, unrelated to any claim by the plaintiffs, was barred by Order VIII Rule 6A CPC. The decree on the two plots was set aside.

Issues

  1. Whether a High Court hearing a second appeal from Haryana must formulate a substantial question of law under Section 100 CPC, or whether Section 41 of the Punjab Courts Act, 1918 governs.
  2. Whether plaintiffs who failed to prove title could be decreed plots merely because the defendants made no counter-claim to them.
  3. Whether a counter-claim to land not claimed by the plaintiffs is maintainable under Order VIII Rule 6A CPC.

Provisions considered

Held

Result

Appeal disposed of. The High Court's decree in the plaintiffs' favour on the two plots is set aside, and the rejection of the defendants' counter-claim is upheld.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 342.