HARISH CHANDER & ORS. versus GHISA RAM AND ANR.

HARISH CHANDER & ORS. versus GHISA RAM AND ANR.

Revenue records showing respondent No. 1 as tenant were not displaced or shown to be false. The presumption of tenancy was not rebutted by the appellants, entitling the respondent to succeed in pre-emption.

Parties
Appellant: Harish Chander & Ors.; Respondent: Ghisa Ram; Respondent: B. Datta
Jurisdiction
India
Judgment Date
18 December 1980
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From High Court Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Pre Emption of Land, Tenancy, Presumption of Records
Property Law Pre Emption of Land Tenancy Presumption of Records

Case Brief

Summary, issues, holding and outcome

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Parties

Harish Chander & Ors.

Appellant

Ghisa Ram

Respondent

B. Datta

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether respondent No. 1 was in possession as tenant of the suit land at the time of sale, entitling a right of pre-emption
  2. 2 Presumptive value of revenue records under Section 44 of the Punjab Land Revenue Act and Section 109 of the Indian Evidence Act

Ratio Decidendi

Revenue records showing respondent No. 1 as tenant were not displaced or shown to be false. The presumption of tenancy was not rebutted by the appellants, entitling the respondent to succeed in pre-emption.

Court Disposition

Appeal dismissed with costs.

Orders

  • All mesne profits deposited by respondent No. 1 in the courts below shall be paid back to him forthwith.