SMRITI DEBBARMA (DEAD) THROUGH LEGAL REPRESENTATIVE versus PRABHA RANJAN DEBBARMA AND OTHERS

SMRITI DEBBARMA (DEAD) THROUGH LEGAL REPRESENTATIVE versus PRABHA RANJAN DEBBARMA AND OTHERS

The plaintiff failed to discharge the burden of proof under Sections 101 and 102 of the Evidence Act to establish legal title to the Schedule 'A' property; the survey report and other evidence showed discrepancies as to identity and measurement of the land, the plaintiff was not in possession on filing, and therefore the defendants in possession could not be dispossessed absent proof of a better legal title by the plaintiff; accordingly the High Court rightly reversed the trial court decree and the suit must be dismissed.

Parties
Plaintiff (appellant): Smriti Debbarma (dead) through legal representative; Defendants (respondents): Prabha Ranjan Debbarma and Others
Jurisdiction
India
Judgment Date
04 January 2023
Procedural Posture
Civil Appeal / Appeal to Supreme Court (civil Appellate Jurisdiction No. 878 of 2009)
Outcome
appeal dismissed; impugned judgment of the Gauhati High Court dated 17.05.2006 in F.A. No.40 of 1997 upheld
Legal Topics
Burden of Proof, Onus of Proof, Title and Possession, Demarcation of Land
Evidence Property Land Law Burden of Proof Onus of Proof Title and Possession Demarcation of Land

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Parties

Smriti Debbarma (dead) through legal representative

Plaintiff (appellant)

Prabha Ranjan Debbarma and Others

Defendants (respondents)

Procedural Posture

Civil Appeal / Appeal to Supreme Court (civil Appellate Jurisdiction No. 878 of 2009)

Legal Issues

  1. 1 Whether the plaintiff discharged the burden of proof to establish legal title to the Schedule 'A' property
  2. 2 Whether the land described in the Deed of Patta (Exhibit-A) and the Ekrarnama (Exhibit-5) corresponds to the Schedule 'A' property
  3. 3 Whether the plaintiff was in constructive or actual possession of the Schedule 'A' property at the time of filing the suit

Ratio Decidendi

The plaintiff failed to discharge the burden of proof under Sections 101 and 102 of the Evidence Act to establish legal title to the Schedule 'A' property; the survey report and other evidence showed discrepancies as to identity and measurement of the land, the plaintiff was not in possession on filing, and therefore the defendants in possession could not be dispossessed absent proof of a better legal title by the plaintiff; accordingly the High Court rightly reversed the trial court decree and the suit must be dismissed.

Court Disposition

appeal dismissed; impugned judgment of the Gauhati High Court dated 17.05.2006 in F.A. No.40 of 1997 upheld

Orders

  • Appeal dismissed
  • Impugned judgment dated 17.05.2006 of the High Court of Gauhati (Agartala Bench) in F.A. No.40 of 1997 upheld