VASANT BALU PATIL & ORS. versus MOHAN HIRACHAND SHAH & ORS.

VASANT BALU PATIL & ORS. versus MOHAN HIRACHAND SHAH & ORS.

Findings in revenue proceedings having held the mutation entries of 1916 and 1927 to be highly suspicious, and with such findings affirmed as findings of fact based on evidence, the title of the plaintiffs to land covered by relevant survey numbers is proved. Mutation entries do not conclusively establish title. The...

Source-derived case information.

Parties
Appellant: Vasant Balu Patil & Ors.; Respondent: Mohan Hirachand Shah & Ors.
Jurisdiction
India
Judgment Date
09 October 2015
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal
Outcome
Appeals dismissed
Legal Topics
Declaration of Title, Injunction, Mutation Entries, Limitation, Land Acquisition
Property Law Declaration of Title Injunction Mutation Entries Limitation Land Acquisition

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Parties

Vasant Balu Patil & Ors.

Appellant

Mohan Hirachand Shah & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal

Legal Issues

  1. 1 Whether mutation entries conclusively establish title to land
  2. 2 Whether the plaintiffs established title to the suit land
  3. 3 Effect of findings in revenue proceedings on civil suit

Ratio Decidendi

Findings in revenue proceedings having held the mutation entries of 1916 and 1927 to be highly suspicious, and with such findings affirmed as findings of fact based on evidence, the title of the plaintiffs to land covered by relevant survey numbers is proved. Mutation entries do not conclusively establish title. The amendment granting declaration of title relates back to the date of filing and was not challenged, so limitation must be decided in favour of plaintiffs.

Court Disposition

Appeals dismissed

Orders

  • No order as to costs