Swarna Shukla-
Published on: September 8, 2021, at 16:58 IST
In a judgement delivered on 7th September, 2021 by the Apex Court, upheld the dismissal of a ‘Title’ suit filed 54 years ago dated 5th August, 1967.
The Bench of Justice Khanwilkar and Justice Sanjiv Khanna set aside the Patna High Court order and the initial appellate court order that had decreed the suit, observing the dismissal to be correct.
The Title suit was filed before the court of subordinate judge and was later dismissed on 31st May, 1989. The first appellate court allowed the appeal preferred by plaintiffs on 7th December, 2021.
The second appeal was made by the legal heir of the defendant on 25th May, 1989, which was dismissed by a short order recording that the facts observed were the final findings but a substantial question of law arose.
On 23rd February, 2000, the case was remanded for de novo consideration by the High court and concluded that the plaintiffs had the title over the suit of the land.
Later on, the Supreme Court investigated whether the plaintiff really has established the title over the said suit of the land.
Further taking the notes of the evidence, the Honorable Court found that the plaintiff were not the owners of the property on the date when they had the present suit for its possession and title, upholding the dismissal of the suit by the subordinate court.
Also Read: Centre appoints 5 Additional Judges to Calcutta High Court