Supreme Court Held: Injunction suit without title declaration as non-maintainable in a land ownership dispute
The Tehsildar, Urban Improvement Trust and Anr. v. Ganga Bai Menariya (Dead) Through LRs. and Others
Civil Appeal No.722 of 2012
Bench: Justices Vikram Nath and Rajesh Bindal
Supreme Court in the landmark judgement reiterated the importance of following the process in the land transactions and the need of substantive evidence to claim ownership. The dispute aroused when the respondent filed a suit in 1999 seeking for a permanent injunction and possession and claiming ownership of a land in Udaipur, Rajasthan which was allegedly leased to them by the Gram Panchayat in 1959. The Supreme Court held that without verifying documents or testimony from the authorities, mere possession does not confer ownership. The respondents failed to prove their claim of lawful possession and also did not make gram panchayat as the party to the suit. Therefore the Supreme Court set aside the judgments of the High Court and the first appellate court and restored the decision of the trial Court, dismissing the respondents suit. It therefore, reiterated the importance of proving title and following due process in land disputes.
Decided on 20th February 2024