Supreme Court Upholds Dismissal Of A Title Suit Filed 54 Years Ago

The Supreme Court, in a judgment delivered on Tuesday (7 September 2021) upheld the dismissal of a 'Title' suit filed 54 years ago on 5th August 1967.

We find that the judgment of the trial court dismissing the suit is correct, the bench of Justices AM Khanwilkar and Sanjiv Khanna observed while setting aside the Patna High Court order and first appellate court order that had decreed the suit.

The 'Title' suit in this case was filed before the court of Subordinate Judge, Sitamarhi, was dismissed by it on 31st May, 1986. The first appellate court, on 7th December, 1988, allowed the appeal preferred by plaintiffs and decreed the suit.

The second appeal preferred by the legal heirs of  the defendant was dismissed by a single Judge of the High Court on 25th May, 1989, by a short order recording that the findings of facts observed by the first appellate court were final finding of facts and no substantial question of law arose. They thus approached the Supreme Court, which observed that the High Court was not correct in dismissing the appeal in limine as there was a serious dispute concerning title of the land. Vide order dated 23rd February, 2000, the case was remanded for de novo consideration by the High Court. On 20th March, 2009, the High Court, after considering the matter afresh dismissed the second appeal. 

In appeal, the Apex Court bench considered whether the plaintiffs have established their title over the suit land and hence were entitled to a decree of possession against legal heirs of the deceased defendant. The High Court had that the plaintiffs had title over the suit land. 

Taking note of the evidence on record, the court found that the plaintiffs were not owners of the property on the date they had filed the present suit for title and possession on 5th August, 1967. Therefore, it set aside the judgments of first appellate court and High Court and upheld the dismissal of the suit by the Trial Court.

Case: Rakesh Bhushan Prasad Alias Rakesh Prasad vs. Radha Devi (D)
Citation: LL 2021 SC 426  
Coram: Justices AM Khanwilkar and Sanjiv Khanna

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