VidhiSangh

Supreme Court of India · 02/08/2022

S. KULDEEP SINGH & ANR versus S. PRITHPAL SINGH

[2022] 13 S.C.R. 100 · 2022 INSC 781

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Summary

A man claiming to be the adopted son of a landowner in Anantnag sued the landowner's natural children for declaration and possession of 11 kanals 15 marlas. He relied on a 1975 compromise with a tenant, endorsed by the landowner's thumb impression, in revenue-record correction proceedings under the J&K Agrarian Reforms Act, 1972, and on the Deputy Commissioner's order recording it. Three courts decreed the suit. The Court held that the compromise, made in proceedings confined to revenue entries and personal cultivation conferred no title. The land was orchard land excluded from the Act. Since it created rights for the first time and was not a court decree, the compromise required registration. The Deputy Commissioner's order was a nullity, made while the 1972 Act was suspended. The decree was set aside.

Issues

  1. Whether a compromise recorded in revenue-record correction proceedings under the J&K Agrarian Reforms Act, 1972, endorsed by the landowner, conferred title on the plaintiff.
  2. Whether the compromise required registration, and whether it was a family arrangement exempt from that requirement.
  3. Whether the Deputy Commissioner's order recording the compromise, passed while the 1972 Act was suspended, was a nullity.

Provisions considered

Held

Result

Appeal allowed. The decree for declaration and possession of 11 kanals 15 marlas in favour of the respondent is set aside; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 100.