Tag: Land Dispute

Supreme Court Rules: You Can’t Claim Adverse Possession for the First Time on Appeal
9Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: You Can’t Claim Adverse Possession for the First Time on Appeal

The Supreme Court reaffirmed that a plea of title by adverse possession cannot be raised for the first time at the appellate stage if it was not specifically pleaded in the plaint, framed as an issue, and proven during trial. Such a surprise claim prejudices the opposite party and is impermissible as a decision must be based on the case pleaded. Facts Of The Case: The case originated from a title suit filed in 1999 by the plaintiffs (Kishundeo Rout & Ors.) against the defendants (Govind Rao & Ors.). The plaintiffs sought a declaration that a 1997 sale deed executed by the original plaintiff, Sudama Devi, in favour of the defendants was bogus, inoperative, and fit for cancellation. They also prayed for confirmation of their possession and a permanent injunction again...
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Supreme Court Shields Daughters-in-Law from Criminal Case Over Property Will
28Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Shields Daughters-in-Law from Criminal Case Over Property Will

The Supreme Court quashed criminal proceedings under Sections 419, 420, 467, 468, and 471 IPC, ruling the allegations did not prima facie constitute the alleged offences. Relying on Bhajan Lal, it held that criminal process cannot be used to settle civil disputes, as it amounts to an abuse of the court's process. Facts Of The Case: A testator, Shri Ram Baksh Dubey, executed an unregistered will in 1993 bequeathing his property to his four daughters-in-law, apprehensive that his third son, Ashish Kumar, would squander the estate. After the testator’s death in 1994, Ashish Kumar sold his purported share to the complainant, Balram, via a registered sale deed. The daughters-in-law, unaware of this sale, successfully obtained a mutation order in their favor based on the will. When Balram inte...
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Supreme Court Upholds Right to Peaceful Protest, Quashes Criminal Case Against Andhra Educationists
28Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Right to Peaceful Protest, Quashes Criminal Case Against Andhra Educationists

The Supreme Court held that certified copies of municipal documents, duly certified under Section 376 of the Karnataka Municipalities Act, 1964, carry the same evidentiary value as originals. The failure of the Municipal Council to produce original records despite court orders justified drawing an adverse inference, and a registered sale certificate cannot be invalidated by a mere administrative resolution. Facts Of The Case: The dispute concerned two plots, No. 394 and 395, auctioned by the City Municipal Council (CMC). Respondent No. 2, Prabhudeva, purchased plot No. 395 in a 1973 auction, but his 1988 sale deed erroneously mentioned plot No. 394. Upon realizing this mistake, he applied for rectification in 1992. The CMC's Junior Engineer inspected the site and confirmed the error, lea...
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Supreme Court Rules on Oral Family Arrangement: Legal Heirs Can’t Overturn Registered Will
16Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules on Oral Family Arrangement: Legal Heirs Can’t Overturn Registered Will

The Supreme Court upheld the validity of a registered Will executed by Metpalli Rajanna, recognizing its presumption of genuineness under law. The Court ruled that the burden to disprove the Will lay on the contesting party, which was not discharged. It emphasized that the oral family settlement, supported by possession and revenue records, further validated the Will's distribution of properties. The trial court's decree granting absolute rights to the plaintiff under the Will was restored, overturning the High Court's interference. The judgment reaffirmed the sanctity of registered Wills and family arrangements in property disputes. Facts Of The Case: The case involved a dispute over 4 acres and 16 guntas of land in Dasnapur village between the legal heirs of Metpalli Rajanna. Rajanna, ...
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Supreme Court : Res Judicata & Limitation Apply Even if Court Grants Liberty
4Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court : Res Judicata & Limitation Apply Even if Court Grants Liberty

The Supreme Court held that the liberty granted by the High Court to file a fresh suit does not revive a time-barred cause of action or override the principles of res judicata. The Court affirmed that limitation under the Limitation Act and Order 23 Rule 2 CPC applies strictly, and a fresh suit cannot re-agitate issues already decided in prior proceedings. The judgment reinforces that judicial liberty cannot circumvent statutory bars or reopen conclusively adjudicated matters. Facts Of The Case: The case involved a dispute over a property transaction where the original plaintiff (predecessor of the petitioners) had entered into a sale agreement with the first defendant, a cooperative housing society. A Power of Attorney (PoA) was executed in favor of the society’s secretary (second defen...
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Supreme Court’s Mandate: New Public Notice for Nagaland Village Recognition
10Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Mandate: New Public Notice for Nagaland Village Recognition

The Supreme Court, exercising judicial review over executive decisions, set aside the High Court's directive for village recognition in Nagaland. The Court emphasized adherence to customary laws and specific Office Memorandums requiring "No Objection Certificates" from ancestral villages. It remanded the matter for comprehensive consideration of objections, including those from the appellant, affirming that inter-district boundary disputes are irrelevant to village recognition. Facts Of The Case: This Supreme Court judgment stems from a dispute concerning the recognition of Kakiho Village in Nagaland. The core of the matter involved the application of existing government Office Memorandums (O.M.'s) dated March 22, 1996, and October 1, 2005, which outline criteria for village recognition...
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Supreme Court : Sale Deeds Executed After Property Power of Attorney Revoked Are Invalid
10Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court : Sale Deeds Executed After Property Power of Attorney Revoked Are Invalid

The Supreme Court clarified that an unregistered agreement to sell or power of attorney does not confer title or interest in immovable property. The Court emphasized that property transfer requires a registered deed of conveyance. It also ruled that a plaint cannot be rejected entirely under Order VII Rule 11 CPC if even one distinct cause of action is triable. Facts Of The Case: Vinod Infra Developers Ltd. (appellant) claimed ownership of agricultural land and obtained a loan of Rs. 7.5 crores from Mahaveer Lunia (Respondent No. 1) in May 2014. The appellant's Board of Directors authorized their Managing Director and Respondent No. 1 to sell the property. Subsequently, an unregistered power of attorney and agreement to sell were executed in favor of Respondent No. 1 on May 24, 2014.In A...
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Supreme Court Allows Execution Petition: No Time Limit for Enforcing Permanent Injunctions
26May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Allows Execution Petition: No Time Limit for Enforcing Permanent Injunctions

The Supreme Court ruled that a decree of permanent injunction creates a perpetual right enforceable at any time against future breaches, clarifying that satisfaction recorded in one execution petition doesn't bar subsequent petitions under Section 47 CPC for fresh violations. It held that Article 136 of the Limitation Act imposes no time limit for enforcing perpetual injunctions, rejecting the erroneous application of res judicata by lower courts. The judgment emphasizes that each breach of injunction constitutes a fresh cause of action, requiring executing courts to examine subsequent execution petitions on merits regardless of prior disposals. The Court distinguished between temporary and permanent injunctions while underscoring the continuing nature of injunctive relief. Facts Of The C...
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