• Divya Shree Nandini

Land Title Dispute won both in High Court and Supreme Court.

Land title disputes are one of the most exciting and fascinating legal battles to fight for. They test your knowledge and skills related to core civil laws and require immense hard work, grit, and dedication. In a recent case, we successfully represented a client (Plaintiff) in a Second Appeal before Hon'ble Allahabad High Court, and later in the SLP before Hon'ble Supreme Court which was filed by a set of Defendants (Appellants) challenging the order passed by the Hon'ble High Court which confirmed the order passed by the First Appellate Court and Trial Court wherein the suit was decreed in favour of the Plaintiff.


Initially, the suit was filed by our client (Plaintiff) seeking rectification of the sale deed executed between Plaintiff and one late Jassi (father of Defendants first set/owners) wherein due to a clerical error, Khasra No.'2242' was typed in place of '2442', and further sought cancellation of the subsequent sale deed entered between the Defendant first set(owners) and Defendants Second set (Appellants/subsequent purchasers) being null and void, and also sought relief for a permanent prohibitory injunction against the defendants for not interfering in the peaceful possession.


The case of the Plaintiff was that late Jassi (father of Defendants first set/owners), who was the Bhumidhar of Khata No.414, Khasra No.2442M, measuring 0.5060 hectares of land situated at village Shahpur Bamhaita, Pargana Dasna, Tehsil and District Ghaziabad sold the said land through a registered sale deed in favour of the plaintiff. But due to a mutual typing error, Khasra No.2242 was mentioned in the sale deed instead of 2442, however, the boundaries in the map remained that of Khasra No.2442 only. This mutual mistake was not noticed by the Plaintiff, and after the death of Jassi, his heirs (Defendants first set) got their names mutated in the Revenue records and subsequently sold the said land to the Defendants second set/Appellants.


The Trial Court partly decreed the suit of the Plaintiff as far as the rectification of the sale deed was concerned and further declared the subsequent sale deed of the Appellants as null and void, but did not grant relief of permanent prohibitory injunction holding that the plaintiff was not in possession.


Defendants collectively challenged the order passed by the Trial Court in First Appellate Court, wherein, a Cross Objection was also filed by the Plaintiff, whereby the Appeal of the Defendants was dismissed and cross objection filed by Plaintiff (Respondent) was allowed and the decree of Trial Court was modified in the manner that the relief of prohibitory injunction was also granted to the Plaintiff (Respondent)


Defendants Second Set/Subsequent Purchasers assailed the order passed by the Trial Court and First Appellate Court before Allahabad High Court by way of a Second Appeal. Hon'ble High Court dismissed the said Second Appeal without formulating the substantial questions of law after relying on the judgement in Kripa Ram (deceased) through Legal Representatives and others vs. Surendra Deo Gaur and others (AIR 2021 SC 57) and further observed that there is no ground of interference in the order passed by the Courts below.


The said order passed by the Hon'ble Allahabad High Court was further assailed by the Defendants Second Set/Subsequent Purchasers before Hon'ble Supreme Court by the way of a Special Leave Petition. Hon'ble Supreme Court dismissed the said SLP after observing the there is no ground of interference in the order passed by the High Court.


Read Orders:


High Court Order:

SAPL(A)_435_2020
.pdf
Download PDF • 199KB

Supreme Court Order:

SLP(C)_1038_2021
.pdf
Download PDF • 27KB

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