JATTU RAM versus HAKAM SINGH AND ORS.

JATTU RAM versus HAKAM SINGH AND ORS.

Appellant's possession of the plaint-scheduled land was in furtherance of an oral contract of exchange as compensation for deprivation by court decree, not as tenant-at-will. Jamabandi entries do not create title, and respondent's plea of tenancy is false.

Parties
Appellant (plaintiff): Jattu Ram; Respondent No. 1 (defendant): Hakam Singh; Defendants: Respondents 2 to 9
Jurisdiction
India
Judgment Date
15 September 1993
Procedural Posture
Civil Appeal / Appeal by Special Leave From Dismissal in Limine of Second Appeal by High Court
Outcome
Appeal allowed.
Legal Topics
Exchange Under Transfer of Property Act, Defective Title, Jamabandi Entries, Tenant at Will, Compensatory Delivery of Land
Property Law Tenancy Law Exchange Under Transfer of Property Act Defective Title Jamabandi Entries Tenant at Will Compensatory Delivery of Land

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Parties

Jattu Ram

Appellant (plaintiff)

Hakam Singh

Respondent No. 1 (defendant)

Respondents 2 to 9

Defendants

Procedural Posture

Civil Appeal / Appeal by Special Leave From Dismissal in Limine of Second Appeal by High Court

Legal Issues

  1. 1 Whether appellant was in possession of land as an exchange or as tenant-at-will
  2. 2 Effect of Jamabandi revenue entries in determining title

Ratio Decidendi

Appellant's possession of the plaint-scheduled land was in furtherance of an oral contract of exchange as compensation for deprivation by court decree, not as tenant-at-will. Jamabandi entries do not create title, and respondent's plea of tenancy is false.

Court Disposition

Appeal allowed.

Orders

  • Appellate court and High Court decrees set aside.
  • Trial court decree restored.