Plaintiffs Have Been Admitted To Be Owner Of The Property: SC Sets Aside Order Holding That The Plaintiffs Failed To Prove Ownership

The Supreme Court has set aside the order passed by the High Court dismissing the review applications and appeals filed by the appellants/plaintiffs and the decrees of the Lower Appellate Court whereby the Trial Court’s Order directing respondents to be ejected from the suit property was set aside.

The bench of Justice Abhay S. Oka and Justice Rajesh Bindal was dealing with a case whereby the appellant’s had alleged before the Trial Court that their land was encroached upon by the respondents/defendants.

The suit was contested by the respondents/defendants raising objection that the appellants/plaintiffs are not the owners of the property in dispute and that the suit property is not part of Khasra No. 4833. It was also pleaded that they had become owners of the suit property by way of adverse possession.

The suit was decreed by the trial court and the respondents/defendants were ordered to be ejected from the suit property. However the judgment and decree of the Trial Court was set aside primarily on the ground that they had failed to prove their title to the property.

Senior Advocate Neeraj Jain appeared for the appellants whereas Sanjay Parikh, Senior Counsel, appeared for Respondents.

The Court noted that the High Court while dismissing the appeal specifically recorded that undisputedly, the appellants are the owners of Khasra No. 4833, still the appellants were held not to be entitled to any relief.

To that end, the Court observed “It is evident from the facts, which have come on record in the present litigation, that the appellants have been admitted to be owner of the property being Khasra No. 4833. 12 This finding has even been recorded in the impugned order passed by the High Court dismissing the Second Appeal. There is no challenge to the aforesaid finding recorded by the High Court by the respondents. In fact, they could not as there was admission of the respondents to that effect before the Trial Court as well.”

The Court further noted that the only issue on which the appellants have been non-suited is that the respondents are not in possession of any part of Khasra No. 4833 as the property in their possession is different.

The Court added that on that issue as well, the findings recorded by the lower Appellate Court as well as the High Court were perverse.

Thus the Court set aside the order passed by the High Court dismissing the review applications and appeals filed by the appellants and the judgments and decrees of the Lower Appellate Court.

The Court restored the judgments and decrees passed by the trial court.

Cause Title- Murti Shri Durga Bhawani (Hetuwali) Trust & Anr. v. Diwan Chand (Dead) through LRs & Ors.

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