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Bondar Singh & Ors vs Nihal Singh & Ors on 4 March, 2003

We would like to add that the case of the plaintiffs was based on sale deed dated 28.6.1940 executed by the then Zamindar Smt. Maqbulunnisha and validity of the sale deed was under consideration before the learned trial Court and as such, the competent civil court has every jurisdiction to decide the validity of the said sale deed. It may be pointed out that the trial Court while deciding issue No.7 has recorded a categorical finding that the said deed dated 29.6.1940 is a valid sale deed and its registration was not necessarily required in view of the provisions contained under Section 17 (1) (b) of the Indian Registration Act as the same was existing on the date of sale deed. Our view is fortified by the decision of the Apex Court rendered in AIR 2003 SC 1905 : Bondar Singh and others Vs. Nihal Singh & others. It is borne out from the record that the plaintiffs were having possession over the land in question after the sale deed and as such, their adverse possession is thus clearly established. To put it differently, mere recording of the land in dispute as pond in the revenue records does not nullify the ownership of respondent Nos. 1 to 4 over the land in dispute inasmuch as mutation does not confer any title upon any person.
Supreme Court of India Cites 2 - Cited by 320 - A Kumar - Full Document
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