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Will, Mutation & Adverse Possession: Supreme Court Allows Title Suit to Proceed to Trial

31Dec

By The Legal ChamberNo Comments

Supreme Court

Will, Mutation & Adverse Possession: Supreme Court Allows Title Suit to Proceed to Trial

The Supreme Court held that a plaint cannot be rejected under Order VII Rule 11(d) of the CPC on grounds of limitation when seeking possession based on title, as the limitation period is 12 years under Article 65. The determination of adverse possession is a mixed question of law and fact requiring trial, not a threshold dismissal. Facts Of The Case: The plaintiffs, claiming to be natural heirs of Kartar Kaur through the sisters of the original landowner Ronak Singh, filed a suit for declaration of ownership, possession, and injunction. Their claim stemmed from a 1975 decree that set aside a prior gift made by Kartar Kaur and declared her the owner. Following Kartar Kaur's death in 1983, the defendants set up a 1976 will in their favour, initiating prolonged mutation proceedings wh...

Tenant Can’t Deny Landlord’s Title, Rules Supreme Court in Key Eviction Case

The Supreme Court held that in an eviction suit, strict proof of ownership is not required. A tenant cannot deny the landlord's title under whom they entered possession. The Will bequeathing the property, especially when probated, confers sufficient legal sanctity to maintain the eviction proceedings. The bona fide need of the landlord was also upheld. Facts Of The Case: The dispute involves a shop room tenancy initiated in 1953 by Ramji Das, the appellant's father-in-law, with the father of the respondents. Upon Ramji Das's death in 1999, a Will bequeathed the shop to the appellant, Jyoti Sharma. She subsequently filed a suit for eviction on grounds of bona fide need, seeking to expand her husband's adjacent sweets business, and for recovery of rent arrears from January 2000. Th...

How a Missing Detail in a Will Led to Its Rejection by the Supreme Court

The Supreme Court ruled that a Will omitting the testator’s wife without justification raises suspicious circumstances, vitiating its validity under Section 63 of the Indian Succession Act, 1925, and Section 68 of the Evidence Act, 1872. The Court emphasized that propounders must explain unnatural exclusions to prove the testator’s free will, failing which the Will becomes invalid. Suspicion arises from non-mention of a natural heir (wife) and lack of reasons for disinheritance, shifting the burden to the propounder to dispel doubts. Registration and signatures alone cannot override such irregularities if the disposition appears coerced or influenced. The judgment reaffirms judicial scrutiny of Wills to ensure genuine voluntary execution. Facts Of The Case: Maya Singh owned agricultural ...