AVTAR SINGH AND ORS. versus GURDIAL SINGH AND ORS.

AVTAR SINGH AND ORS. versus GURDIAL SINGH AND ORS.

In view of appellants' admission in their own suit that the land was shamlat deh (public land), and corroborating evidence of passage and electric wires, interference with concurrent findings of appellate authority and High Court is not called for.

Parties
Appellants: Avtar Singh and Ors.; Respondents: Gurdial Singh and Ors.
Jurisdiction
India
Judgment Date
04 December 2006
Procedural Posture
Civil Appeal / Final Appeal Before Supreme Court
Outcome
Appeals dismissed
Legal Topics
Admissions Under Evidence Act, Nature of Public Land, Title and Ownership, Encroachment
Evidence Property Law Admissions Under Evidence Act Nature of Public Land Title and Ownership Encroachment

Case Brief

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Parties

Avtar Singh and Ors.

Appellants

Gurdial Singh and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Appeal Before Supreme Court

Legal Issues

  1. 1 Whether the suit land is private property or public land (shamlat deh)
  2. 2 Whether appellate and High Court findings warrant interference in light of admissions

Ratio Decidendi

In view of appellants' admission in their own suit that the land was shamlat deh (public land), and corroborating evidence of passage and electric wires, interference with concurrent findings of appellate authority and High Court is not called for.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed
  • No order as to costs