Urban Improvement Trust vs Ganga Bai Menariya

2024 INSC 121 REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.722 OF 2012

THE TEHSILDAR, URBAN IMPROVEMENT TRUST AND ANR. … Appellant(s)

VERSUS GANGA BAI MENARIYA (DEAD) THROUGH LRS. AND OTHERS … Respondent(s)

With

CIVIL APPEAL NO.8977 OF 2012 CIVIL APPEAL NO.468 OF 2013 CIVIL APPEAL NO.524 OF 2013 CIVIL APPEAL NO.467 OF 2013 And CIVIL APPEAL NO. OF 2024 (Arising out of S.L.P.(C) No. 25200 of 2013)

JUDGMENT

RAJESH BINDAL, J.

1. Leave granted in S.L.P.(C)No.25200 of 2013.

2. Signature Not Verified This order will dispose of a bunch of appeals as common Digitally signed by Vijay Kumar Date: 2024.02.21 17:34:41 IST Reason: issues are involved.

1 Civil Appeal No. 722 of 2012

3. In the case in hand, a Civil Suit1 was filed by the

respondents for permanent injunction and for ownership and

possession of the suit land. The Trial Court2 dismissed the suit,

however, First Appellate Court3 accepted the appeal and decreed the

suit restraining the defendants therein from interfering in the

possession of the plaintiffs in the suit land. The appeal preferred before

the High Court4 by the present appellants was dismissed. It is the

aforesaid judgment5, which is impugned before this Court.

4. The respondents filed the suit on 10.05.1999 for permanent

injunction against the appellants and also claimed ownership and

possession of the suit land, situated at Mauja Madri, Savina Road,

measuring 35x38 i.e., 1,330 square yards on which a room measuring

20x30 feet had been constructed. It was claimed that the suit land was

purchased by the respondents-plaintiffs from Panchayat Titardi on

13.12.1959 and a boundary wall was constructed in the year 1960. The

suit was filed as a notice was issued by the appellants under Section

92A of the 1959 Act6.

1 Civil Sut Case No. 153/99ED 2 Civil Judge (K-Kha) City (South) Udaipur 3 Additional District Judge, Udaipur 4 Rajasthan High Court at Jodhpur 5 Judgement dated 14.07.2009 in Civil Second Appeal No. 06 of 2009 6 Rajasthan Urban Improvement Act, 1959 2

5. The stand taken by the appellants in the written statement

was that the land in question is a Government land (Bilanam Sarkar)

earmarked for grazing cattles (gochar land), which was forming part of

Khasra No. 1163 ( old Khasra No. 838) in village Mauza Madri Menaria,

Tehsil Girva. The Gram Panchayat, Titardi was not competent to grant

lease in respect to the aforesaid land, especially when it was ear-

marked for grazing cattles. Notice was issued on receiving information

that the respondents-plaintiffs had encroached upon the land. It was

also pleaded that Gram Panchayat, Titardi was a necessary party but

had not been impleaded. In the revenue record, the land was still

shown to be owned by the Government. In case the claim of

respondents-plaintiffs was that it was given on lease to them, there was

no mutation entered on the basis thereof.

6. The Trial Court framed six issues as extracted below:

“1. Whether the land mentioned in para 1 of the suit is the land and house in the ownership and possession of the plaintiff? Plaintiff

2. Whether the defendants forcibly wanted to demolish the plaintiff’s house? Plaintiff

3

3. Whether the plaintiff has tried to unauthorisedly acquire the land which is in the ownership of Nagar Vikas Pranyas?

Defendant

4. Whether in absence of pleading the Gram Panchayat Titardi as necessary party, the suit of the plaintiff is not maintainable?

Defendant

5. Whether the Gram Panchayat Titardi was not authorized to issue the patta in favour of the plaintiff, the patta issued in favour of plaintiff is forged? Defendant

6. Whether without declaration suit for injunction filed by the plaintiff is not maintainable? Defendant”

7. Issues No. 1 to 3 and 5, being inter-related, were decided

together. The respondents-plaintiffs had not been able to make out the

pleaded case on the basis of evidence led by them and the same were

decided against them. Issue No. 4 was decided against the plaintiffs

and in favour of the defendants and so was the finding recorded on

issue No. 6. Finally, the Trial Court found that the respondents-plaintiffs

were found to be in illegal possession of the land and were not entitled

to the injunction prayed for. It was specifically noticed that the suit had

not been filed for declaration as it was merely for injunction and the

4 encroachers on the land were not found entitled to the relief of

injunction.

8. In appeal before the First Appellate Court by the

respondents, the findings recorded by the Trial Court were reversed

and the suit was decreed. Even the issue regarding non-impleadment

of Gram Panchayat, Titardi as necessary party in the suit was reversed.

So was the position with regard to maintainability of the suit simpliciter

for injunction without praying for relief of declaration. This is despite

the fact that the respondents-plaintiffs had claimed their title or legality

of possession on the land from the Gram Panchayat, which was not

impleaded.

9. The High Court upheld the judgment and decree of the First

Appellate Court in an appeal filed by the present appellants. The High

Court noticed that allotment of land in favour of the respondents-

plaintiffs in the year 1959 was proved with the evidence of two

witnesses, who were members of the Gram Panchayat at the relevant

time. The High Court also recorded that patta (lease) is in existence,

which was granted by a statutory body, Gram Panchayat, Titardi. The

respondents-plaintiffs were entitled to decree of permanent injunction.

The suit simpliciter for injunction was held to be maintainable without

5 seeking declaration. The High Court found that no substantial question

of law was involved in the second appeal.

C.A. Nos.8977/2012, 468/2013, 524/2013, 467/2013 and Civil Appeal @ S.L.P.(C)No.25200/2013

10. In the aforesaid bunch of appeals and the Special Leave

Petition, in which leave was granted, the High Court had disposed of

all the appeals, merely relying upon its earlier judgment dated

14.07.2009 in S.B. Civil Second Appeal No.6/2008 titled as The

Tehsildar, Urban Improvement Trust and another v. Late Smt. Ganga

Bai Menariya through legal representatives. The aforesaid appeal

decided by the High Court is subject matter of consideration before

this Court in C.A. No.722 of 2012, which is being dealt with in the

present judgment.

ARGUMENTS

Civil Appeal No. 722 of 2012

11. Learned counsel for the appellants submitted that the

findings recorded by the First Appellate Court, as upheld by the High

Court, are erroneous. In fact, the judgment and decree of the Trial

Court was passed while properly appreciating the legal position and

the evidence produced on record. It is a case in which the respondents-

plaintiffs claimed that they had been granted patta (lease) of the land 6 by Gram Panchayat, Titardi in the year 1959 and on the basis thereof,

they were continuing in possession. However, the fact remains that the

land was still being shown in the ownership of the Government. It was

ear-marked for grazing cattles (pasture land). The Gram Panchayat did

not have any authority to lease out the same. It cannot even change user

of the land. Simpliciter a suit for permanent injunction was filed without

seeking a declaration of the rights vested in the respondents-plaintiffs

on the basis of documents produced by them on record, which was not

maintainable. Gram Panchayat, Titardi from which the respondents-

plaintiffs were claiming rights in the property, was not even impleaded

as party. The patta (lease) in favour of the respondents-plaintiffs was

sought to be proved merely by producing two witnesses, who were

claimed to be the members of the Panchayat at the relevant time but

not signatory to the document. The record from Gram Panchayat was

not summoned. The High Court had failed to frame any substantial

question of law.

C.A. Nos.8977/2012, 468/2013, 524/2013, 467/2013 and Civil Appeal @ S.L.P.(C)No.25200/2013

12. Additional argument raised in the bunch of other appeals

was that the Gram Panchayat had granted patta (lease) in favour of the

respondents therein in contravention of Rule 266 of the 1961 Rules7 in

7 The Rajasthan Panchayat (General) Rules, 1961 7 terms of which the panchayat land could be sold by way of private

negotiation only in case it was not possible to fetch reasonable price if

the land was put to auction. Specific reasons were required to be

recorded. The respondents-plaintiffs being in illegal possession of the

land, notices were rightly issued for their eviction. It was after following

the due process of law, which could not be challenged merely by filing

a suit for injunction.

13. On the other hand, learned counsel for the respondents

submitted that it was claimed that the respondents-plaintiffs had title of

the property by way of lease executed by Gram Panchayat, Titardi on

13.12.1959. It is claimed by the appellants that chunk of land was

transferred by District Collector vide order dated 15.4.1989 to the

Urban Improvement Trust for extension of abadi. It was said to be

Government bilanam. There was no reference of gochar land, as is

sought to be claimed by the appellants. Notice was issued to the

respondents more than 19 years after the land was transferred to Urban

Improvement Trust. As the respondents wanted to protect their right in

the land as also possession, the suit was filed merely for permanent

injunction as they had title of the property on the basis of patta

executed by Gram Panchayat in their favour. There was no need to file

a suit for declaration. The patta (lease) executed by the Gram

8 Panchayat was exhibited. It was issued by the Sarpanch in the presence

of two witnesses. Both were examined as PW4 and PW5. The

documents being more than 30 years old, there was presumption

available under Section 90 of the 1872 Act8. There is no error in the

judgment and decree passed by the First Appellate Court, as upheld

by the High Court.

14. It was further argued that on 17.10.2012, the State

Government introduced a Scheme, whereby land in possession of

persons prior to the year 1965 was being regularised. In terms of that,

23.43 hectares of land in village Paneriyo Ki Madari was transferred by

the appellants to Municipal Council, Udaipur vide letter dated

29.01.2013. NOC was also issued by Municipal Council, Udaipur on

04.04.2013 for issuance of patta under the State Grants Act, 1961 to the

persons in possession of the land prior to 01.01.1965. Thus, in view of

this subsequent developments, the appellants have nothing to do with

the land in question. Number of pattas had already been issued in

favour of occupants of the land. In fact, for part of the land in question,

pattas have already been issued on 21.10.2012. The aforesaid Scheme

i.e. known as ‘Parshashan Shehron Ka Sang Abhiyan, 2012’. It continued

from time to time in the State till the year 2020-21.

8 Section 90 of the Indian Evidence Act, 1872 9

15. It was further submitted that a clarification was issued by the

State Government on 21.04.2022 regarding the Scheme of 2021 for

issuance of free hold patta. As per the aforesaid clarification, the patta

may be issued in favour of last purchaser in the absence of link

document, who purchased land after 31.12.2018.

16. Heard leaned counsel for the parties and perused the

relevant referred record.

DISCUSSION

Civil Appeal No. 722 of 2012

17. In the case in hand, the respondents claimed that they were

given the land measuring 1330 square yards on lease by Gram

Panchayat, Titardi on 13.12.1959. It is claimed that they were in

possession of the land ever since then. The fact remains that no revenue

record was produced by the respondents-plaintiffs to show that the

land in question was ever mutated in their favour. In the evidence led,

they were found to be in possession as even the case set up by the

appellants is that they issued notice to the respondents-plaintiffs under

Section 92A of the 1959 Act. To prove the lease in their favour, the

respondents-plaintiffs had produced in evidence Ex.1, claimed to be

lease deed dated 13.12.1959 executed by the Gram Panchayat in

favour of late Ganga Bai widow of Jai Shankar Menaria. In the stand 10 taken by the appellants, the land being reserved for grazing cattles

could not possibly be leased out by the Gram Panchayat.

17.1 On one side, the plea sought to be taken by the

respondents is that the document being more than 30 years old, there

was presumption of truth in terms of Section 90 of the 1872 Act. This

section provides that if the document is more than 30 years old and is

being produced from proper custody, a presumption is available to the

effect that signatures and every other part of such document, which

purports to be in the handwriting of any particular person, is in that

person’s handwriting and in case a document is executed or attested,

the same was executed and attested by the persons by whom it

purports to be executed and attested. This does not lead to a

presumption that recitals therein are correct. (Reference can be made

to the judgment of this Court in Union of India v. Brahim Uddin and

another9.

18. Nothing was referred to by learned counsel for the

respondents from the record to show the reasons for producing copy

of the document in Court and not summoning the record from the Gram

Panchayat to prove execution of the alleged lease in their favour. The

contents of the documents were required to be proved. Effort was

9 (2012) 8 SCC 148 11 made to prove the document by producing two witnesses. (PW4 and

PW5 stated that the lease was granted in favour of the respondents). It

was signed by the Sarpanch. There was no material on record to show

that, except the oral statements of aforesaid two witnesses that at the

relevant time, namely, in the year 1959, they were members of the

Gram Panchayat otherwise the document Ex.1 (lease deed) placed on

record by the respondents-plaintiffs as such does not contain their

signatures. The document only contains signatures of some Sarpanch

who had attested the same stating to be true copy. It was claimed that

at the relevant time, Sarpanch was Kushal Singh, however before the

evidence could be led, he expired and hence could not be produced

in evidence. If the respondents-plaintiffs wished to prove the contents

of the document in question, they could very well summon the record

from the Gram Panchayat when a specific plea taken by the appellants

was that the document was forged and the Gram Panchayat did not

have competence to lease out the land.

19. The respondents-plaintiffs while filing the civil suit did not

implead the Gram Panchayat as party. In such circumstances, the

respondents-plaintiffs were required to prove the document as the

competence of the Gram Panchayat to lease out the land itself was in

question. The Gram Panchayat could have filed the written statement

12 admitting or denying execution of the lease deed and place complete

facts before the Court as per records.

20. In the revenue record produced on record by the

appellants, it is shown that the land in question was shown in ownership

of Government (Bilanam Sarkar). Its new Khasra Number was 1163 and

old Khasra Number is 838 in Mauza Madri Menaria, Tehsil Girva. As per

jamabandi Ex. A-1, the land forming part of Khasra No. 838 was shown

to be non-agricultural reserved for grazing cattles (shamlat deh).

21. In the light of the aforesaid stand and the evidence led on

record by the appellants-defendants, it was incumbent on the

respondents to have proved their title on the land, which they failed to

establish. As per the stand of the appellants, the respondents were

encroachers upon the land for which notice under Section 92A of the

1959 Act was issued to them. The same was replied to by the

respondents stating therein that they have patta executed in their

favour by the Gram Panchayat.

21.1 Further a suit simpliciter for injunction may not be

maintainable as the title of the property of the plaintiff/respondent was

disputed by the appellants/defendants. In such a situation it was

required for the respondent/plaintiff to prove the title of the property

while praying for injunction. Reference can be made to the judgment 13 of this Court in Anathula Sudhakar v. P. Buchi Reddy (Dead) by Lrs.

and ors.10

21.2 In view of aforesaid discussions, in our opinion, the

judgment of the High Court suffers from patent illegality.

Consequently, the judgment and decree of the First Appellate Court as

well as the High Court are set aside and that of the Trial Court is

restored. As a consequence, the suit filed by the respondents is

dismissed.

C.A. Nos.8977/2012, 468/2013, 524/2013, 467/2013 and Civil Appeal @ S.L.P.(C)No.25200/2013

22. In the aforesaid bunch of appeals, Radheshyam son of

Bhagwati Prasad and his family members, as detailed below filed five

civil suits praying for permanent injunction:

Case No. and Title in Case No. & title in Case No.& title in Supreme Court of the Trial Court the lower Appellate India Court C.A. No.524/2013 Original Civil Suit Civil Appeal No.01/2004 Urban Improvement Trust No.60/2002- (72/03)-Radheshyam v.

v. Radhey Shyam Tripathi Radheshyam v. Secretary, Urban Secretary, Urban Improvement Trust Improvement Trust C.A. No.8977/ 2012 Original Civil Suit Civil Appeal No.03/2004 Nagar Vikas Pranyas v. No.61/2002- Sumitra (75/03)- Sumitra Devi v. Sumitra Devi Devi v. Secretary, Secretary, Nagar Vikas Nagar Vikas Pranyas Pranyas C.A.No.467/2013 Original Civil Suit Civil Appeal No.02/2004 Urban Improvement Trust No.78/2002- Vipin (74/03)- Vipin Kumar v. v. Vipin Kumar S/o Kumar v. Secretary, Secretary, Urban Radhey Shyam Tripathi Urban Improvement Improvement Trust Trust

10 (2008) 4 SCC 594 14 C.A.No.468 of 2013 Original Civil Suit Civil Appeal No.04/2004 U.I.T. Udaipur v. Sumitra No.60/2002- Sumitra (76/03)- Sumitra Devi v. Devi W/o Radhe Shyam Devi v. Secretary, Secretary, Urban Tripathi Urban Improvement Improvement Trust Trust C.A. arising out of Original Civil Suit Civil Appeal No.11/2004 S.L.P.(C) No.25200/2013 No.62/2002-Radhey (73/03)- Radhey Shyam Urban Improvement Trust Shyam v. Secretary, v. Secretary, Urban v. Radhey Shyam Tripathi Urban Improvement Improvement Trust, s/o Bhagwati Prasad Trust, Udaipur Udaipur Tripathi

22.1 The Trial Court decided the suits vide judgment and decree

dated 30.04.2008. The First Appellate Court decided the appeals vide

judgment dated 19.04.2004.

22.2 Civil Suits were filed claiming that the land in question was

leased out to the plaintiffs on 27.08.1985 (as is evident from the

judgment of the Trial Court). However, in the documents annexed with

the I.A.No.148204 in C.A. No.8977 of 2012, the transaction is shown to

be sale. Though no prayer was made in the suit seeking a declaration

as owner of the land as it was simpliciter for permanent injunction still

the Trial Court framed the issue ‘whether the disputed plot is of the

ownership and possession of the plaintiff’. The second issue frame was

‘as to whether the plaintiff is entitled to permanent injunction’. Both the

issues were taken up together. While discussing the Issue no.1, the

court recorded the ownership part was not to be gone into as it was

merely a suit for permanent injunction but still it was to be considered

15 as to whether the possession was valid or not. In support of his plea the

plaintiff/respondent placed on record the document dated 27.08.1985,

the lease deed. However, the same was not proved. The court also

considered about the right of the Gram Panchayat to lease out the land

with reference to the Rules applicable therefor. Finally, the Trial Court

came to the conclusion that no case was made out by the

plaintiff/respondent. Hence, the suit for permanent injunction was

dismissed by the Trial Court on 30.04.2003.

22.3 The judgment and decree in all the suits were challenged

by filing appeals. The First Appellate Court without considering the

fact as to whether the alleged lease deed Ext.E-1 was proved by the

respondent-plaintiff in accordance with law, had shifted the burden on

defendants to prove otherwise. The issue regarding competence of the

Gram Panchayat to lease out the land was just brushed aside. The

appeal was accepted and decree of permanent injunction was passed

by the First Appellate Court against which the appeal(s) were filed by

the present appellants before the High Court. The same was disposed

of in terms of the impugned judgment, though the issues were not

identical.

16 22.4. It is admitted by all the respondents/plaintiffs in the bunch

of appeals that the individual lease deeds were issued in their favour

on 27.08.1985 by the Gram Panchayat.

22.5. The stand of the appellants is that the lease deeds were

executed in contravention of Rule 266 of the 1961 Rules, which provides

that Panchayat may transfer any land by way of private negotiation in

case any person has a plausible claim of title and auction may not fetch

reasonable price, where for reasons to be recorded in writing, the

Panchayat thinks that auction would not be convenient mode for

disposal or where such a course is regarded by the Panchayat for

advancement of Scheduled Castes and Scheduled Tribes or other

Backward Classes.

23. In Chapter XIII of the 1961 Rules, complete procedure has

been provided for sale of abadi land.

23.1 Rule 255 defines ‘abadi land’ to mean nazul land lying

within the inhabited areas of Panchayat circle.

23.2 Under Rule 256, a person desirous of purchasing the abadi

land can file an application in writing along with requisite fee.

17 23.3 On receipt of application, in terms of Rule 257, a plan of the

land in question is to be prepared specifying the boundaries of the land

to be sold.

23.4 After the plan is ready, local inspection of the site is to be

made by three nominated Panchs who will submit their opinion on the

following issues:

(a) whether the sale applied for will affect the facilities for going and coming enjoyed by the villagers;

(b) whether such sale will affect the rights of easements owned by other persons;

(c) whether such sale will affect beauty and cleanliness of the locality; and

(d) such other matters as may appear to be relevant (Rule 258).

23.5 A provisional decision is to be taken by the Panchayat as to

whether the proposed sale should or should not be made (Rule 259).

23.6 If the decision is to sell the land, public notice is to be issued

on Form ‘L’ inviting objections to the proposed sale (Rule 260).

23.7 Objections, if any, received are to be dispose of after

affording opportunity of hearing to the objector (Rule 261).

18 23.8 If no objections are received, the Panchayat shall pass a

resolution and order for sale of the land by auction and date and time

thereof shall be fixed (Rule 262).

23.9 The procedure for auction, deposit of earnest money,

confirmation of sale have been provided in Rules 262 and 265.

23.10 Rule 266 provides for transfer of abadi land by private

negotiations in certain specified situations, namely:

(a) where any person has a plausible claim of the title of the land and the auction may not fetch reasonable price;

(b) where for the reasons to be recorded in writing, the Panchayat opines that auction may not be convenient mode for disposal of land;

(c) where such a course is regarded by the Panchayat necessary for advancement of Scheduled Castes and Scheduled Tribes or other backward classes; and

(d) where the persons are in possession of abadi land for 20 years or more but less than 42 years.

24. In the aforesaid situation, the land can be transferred by

passing a resolution by the Panchayat.

25. Relevant Rule 266 is extracted below:

19

“266. Transfer of abadi land by private negotiation. – (1) The Panchayat may transfer any abadi land by way of sale by private negotiation in the following cases:-

(a) Where any person has a plausible claim of title to the land and an auction may not fetch reasonable price;

(b) where for reasons to be recorded in writing the Panchayat thinks that an auction would not be a convenient mode of disposal of the land;

(c) where such course is regarded by the Panchayat necessary for the advancement of Scheduled Castes and Scheduled Tribes or other Backward Classes.

(d) where the persons are in possession of the abadi land for 20 years or more but less than 42 years, one-third of the prevailing market price and in case of possession of over 40 years, one sixth of the prevailing market price shall be charged.

(2) The Panchayat may, by resolution, transfer by way of sale without charging any price therefore, any abadi land of which the probable value does not exceed Rs. 200/- in favour of any institution for a public purpose.”

26. The allotment to all the allottees was on the same day i.e.

27.08.1985. Along with I.A. No. 148204 of 2023 in C.A. No. 8977 of 2012,

20 a copy of the register of sale deeds of populated land on Form No. 49

has been annexed as Annexure R-6. The sale deeds of land in favour of

the respondents are shown at Sr. Nos. 104 to 109. With reference to Sr.

Nos. 104 to 106, 108 and 109, the same are annexed as Annexures R-1

to R-5, whereas the sale deed executed in favour of Sanjay Kumar son

of Radheshyam (Sr. No. 107) is not available. In the appeals being

considered by this Court, the matter pertaining to Sanjay Kumar son of

Radheshyam is not under consideration.

27. The following table will show the area leased out to the

family members of the same persons on the same date:

Sr.No. Name Serial No./ Area in Settlement No. Sq.ft. 1. Radheshyam S/o Bhagwati 104 6120 Prasad R/o Manva Kheda 2. Sumitra Devi W/o 105 7645 Radheshyam R/o Manva Kheda 3. Vipin Kumar S/o 106 4500 Radheyshyam Tripathi R/o Manva Kheda 4. Sumitra Devi W/o 108 6104 Radheshyam R/o Manva Kheda 5. Radheshyam s/o Bhagwati 109 6097 Prasad R/o Manva Kheda

28. In Civil Appeal No. 8977 of 2012, originally the suit was filed

by the respondent only for permanent injunction in the year 2002 with

the pleading that on 09.02.2002, an employee of the Town

21 Improvement Trust visited the spot and threatened the respondent for

forcible dispossession. Gram Panchayat, Village Kaladwas was not

even impleaded as party. No declaration was sought that the

respondent was owner in possession of the plot, hence she could claim

injunction. The only evidence led was in the form of copy of lease deed

dated 27.08.1985 where the plaintiff appeared as PW1.

29. As recorded by the Trial Court, the respondents/plaintiffs

had not been able to prove the document on the basis of which they

were claiming a right of possession of the property in question. Even

if the aforesaid document is considered, the sale was clearly violative

of Rule 266 of the 1961 Rules, under which aforesaid alleged lease

deed/sale deed has been issued in favour of the respondents/plaintiffs.

In terms of Rule 266 of the 1961 Rules, only in certain specified

situation, the land could be transferred by way of sale on private

negotiation, namely, where any person has a plausible claim of title to

the land and auction may not fetch reasonable price or it may not be

the convenient mode for disposal of land or where such a course is

regarded by the Panchayat necessary for advancement of Scheduled

Castes and Scheduled Tribes or other Backward Classes. Another

situation envisaged is where the person is in possession of land for

more than 20 years but less than 42 years. Nothing was produced on

22 record to show that the due process required for leasing out/sale of the

land in favour of the respondents/plaintiffs by private negotiation was

followed. Gram Panchayat from whom the land was taken was not

impleaded as party to admit or deny the allegations made by the

respondents/plaintiffs in the plaint.

30. For the reasons, mentioned above, we find merit in the

present appeals. The same are accordingly allowed. The impugned

judgments of the High Court as well as the First Appellate Court are set

aside and that of the Trial Court is restored. Resultantly, the suits are

dismissed.

31. Before parting with the order, we are pained to note certain

facts which show total casualness on the part of the appellants. As has

been noticed above, in the bunch of five appeals bearing

C.A.No(s).8977/2012, 468/2013, 524/2013, 467/2013 and Civil Appeal

arising out of S.L.P.(C)No.25200/2013, challenge was to the order

passed by the High Court in five different second appeals. Five

different suits were filed by five persons of the family which were

assigned different numbers though decided on the same day by

separate judgments. Five different appeals were filed before the First

Appellate Court and when the matter was taken to the High Court, five

23 different appeals were filed. The same were disposed of on

18.04.2012.

32. When five different suits were filed by different persons

while filing the documents with the paper book filed in this Court, it

was incumbent upon the appellants to place on record correct copies

of the judgments of the Trial Court as well as the First Appellate Court

for each of the case. However, it is evident from the paper books of the

aforesaid five appeals that in all the appeals the Trial Court judgment

placed on record was passed in Case No.60/2002 titled as Smt. Sumitra

Devi w/o Radheshyam Tripathi dated 30.04.2003 and the judgment of

the First Appellate Court placed on record in all the appeals is Misc.

Civil Appeal No.01 of 2004 titled as Radheshyam son of Bhagwati

Prasad Tripathi dated 19.04.2004. The related judgments of the

individual cases before the Trial Court and the lower Appellate Court

have not been placed on record in the respective appeals. With great

deal of effort to join the loose ends, we could find out the details from

the title of the impugned judgment of the High Court as the same

mentioned the civil suit number as well as the appeal number in the

First Appellate Court which was different in all five cases. It is evident

from the table enumerated in para 19.1 of the judgment. We can only

observe that the parties need to be more careful while filing the

24 pleadings in this Court and so the Registry of this Court as any error

therein may be disastrous for any of the parties.

…..……………..J (VIKRAM NATH)

…………………..J (RAJESH BINDAL)

New Delhi February 20, 2024.

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