VidhiSangh

Supreme Court of India · 20/11/2023

P. KISHORE KUMAR versus VITTAL K. PATKAR

[2023] 14 S.C.R. 796 · 2023 INSC 1009

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Summary

The Supreme Court dismissed the plaintiff’s title suit after finding that the Inam abolition order rejected his vendor’s claim and recognised the defendant’s predecessor. Revenue entries could not confer title or overcome that order. The High Court had exceeded second-appellate limits by reversing the first appellate court without a substantial question of law. Any independent right of the plaintiff in Schedule A property was expressly left open.

Issues

  1. Whether the Commissioner’s order supported the plaintiff’s vendor or the defendant’s predecessor.
  2. Whether revenue records established title despite the contrary occupancy order.
  3. Whether the High Court was justified in reversing the first appellate decree under Section 100 CPC.

Provisions considered

Held

Result

Appeal allowed. High Court judgment and trial court decree set aside; plaintiff’s suit dismissed. No costs. Any right of the plaintiff in Schedule A property reserved for independent determination if appropriately raised later.

Judgment PDF: Supreme Court of India, [2023] 14 S.C.R. 796.