Union of India and Others Vs. Vasavi Co-Op. Housing Society Ltd. and Others
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Head Note
Civil Law - Title of the property
Title of property - Proof of - Respondent plaintiff filed suit against appellant defendants for declaration of title and recovery of possession of suit land - Trial Court decreed suit in favour of respondents - On appeal, HC affirmed Trial Court decree, however, directed appellant to provide alternative site to respondent since the former had made large scale construction on suit land - Hence, instant appeal - Classer Register of 1347 which according to Trial Court, spoke of ownership of respondents' vendor's property - However, these entries would not confer any title - Respondents should show, independent of those entries, that their predecessors had title over suit property and it was that property which they had purchased - Only document produced before the court was registered family settlement and partition deed of respondents' predecessor in interest, wherein, suit land was not mentioned - Respondents' predecessor in interest got suit property through the said family settlement and partition deed - Conspicuous absence of suit land in the deed would cast doubt about ownership and title of respondents - No acceptable explanation was given by respondents to explain away conspicuous omission of suit land in registered family settlement and partition deed - Further, Classer Register was totally silent as to whose share suit land would fall and who would enjoy it - Thus, respondents not succeeded in establishing their title and possession of suit land - Impugned judgment of Trial Court, affirmed by HC, was set aside - Appeal allowed.
Topic(s)-Title of property