VidhiSangh

Supreme Court of India · 20/02/2024

THE TEHSILDAR, URBAN IMPROVEMENT TRUST AND ANR. versus GANGA BAI MENARIYA (DEAD) THROUGH LRS. AND OTHERS

[2024] 2 S.C.R. 650 · 2024 INSC 121

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Summary

The plaintiffs failed to prove title under the disputed Panchayat pattas. The presumption for a document over 30 years old does not establish the truth of its recitals, and the title dispute required proof beyond a bare suit for injunction. The other pattas were also unsupported by proof that the private negotiation process under Rule 266 was followed.

Issues

  1. Whether the alleged 1959 lease deed was proved and established the plaintiffs’ title to the land.
  2. Whether a bare suit for injunction was maintainable where title was disputed.
  3. Whether the 1985 pattas issued by private negotiation complied with Rule 266 of the Rajasthan Panchayat (General) Rules, 1961.

Provisions considered

Held

Result

Appeals allowed; judgments of the High Court and First Appellate Court set aside and the Trial Court judgment restored, dismissing the suits.

Judgment PDF: Supreme Court of India, [2024] 2 S.C.R. 650.