HAR NARAYAN TEWARI (D) THR. LRS.versusCANTONMENT BOARD, RAMGARH CANTONMENT & ORS.

                  [2024] 7 S.C.R. 29 : 2024 INSC 467

                  Har Narayan Tewari (D) Thr. Lrs.
                                v.
           Cantonment Board, Ramgarh Cantonment & Ors.
                       (Civil Appeal No. 8829 of 2010)
                                  08 July 2024
               [Abhay S. Oka and Pankaj Mithal,* JJ.]

                            Issue for Consideration
       Whether the present suit (claiming title and possession over
       the suit land) as filed by the plaintiff-appellant was barred under
       Section 11 CPC on principle of res judicata inasmuch as there
       was no adjudication of the rights of the co-defendants (including
       appellant) in the previous suit with regard to the suit land and the
       issue therein was not directly or indirectly and substantially the
       same as in the present suit.

                                   Headnotes†
       Code of Civil Procedure, 1908 – s.11 – Res judicata – Rights
       of co-defendants – The title suit no.9/89 of the plaintiff-
       appellant was decreed by the Court of the first instance – In
       appeal, the First appellate Court reversed the decree on the
       ground that the suit was hit by the principle of res judicata
       in view of an earlier suit no.8/64 instituted by M wherein the
       plaintiff-appellant was defendant no.2 – The second appeal was
       dismissed on the ground that it did not state any substantial
       question of law – Propriety:
       Held: The lis in the previous suit i.e. Suit No.8/64 was regarding
       ownership and entitlement of M over the entire 5.38 acres of land
       of village Ramgarh qua the Cantonment Board, Ramgarh; the
       plaintiff-appellant and other defendants in the said suit; whereas
       the controversy in the present suit is quite distinct with regard to
       only 0.30 acres of the suit land vis-à-vis the plaintiff-appellant and
       the Cantonment Board, Ramgarh – The suit, as filed by M claiming
       right, title and interest over 5.38 acres of land of village Ramgarh
       was dismissed simpliciter without adjudication of any rights of the
       plaintiff-appellant over the suit land vis-à-vis the Cantonment Board,
       Ramgarh – It is a settled law that the principle of res judicata is
       applicable not only between the plaintiff and the defendants but

* Author
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      also between the co-defendants – In applying the principle of res
      judicata between the co-defendants, primarily three conditions
      are necessary to be fulfilled, namely, (i) there must be a conflict
      of interest between the co-defendants; (ii) there is necessity to
      decide the said conflict in order to give relief to plaintiff; and (iii)
      there is final decision adjudicating the said conflict – In the instant
      case, there was no conflict of interest between the co-defendants
      in the earlier Suit No. 8 of 64 inasmuch as the plaintiff-appellant
      was independently claiming rights over 0.30 acres of suit land
      whereas the Cantonment Board, Ramgarh was claiming rights
      over 2.55 acres of the land which formed part of the Estate of R
      without asserting that the land settled in its favour is the same as
      claimed by plaintiff-appellant or that there was any encroachment
      upon the land settled in its favour – M was claiming the entire
      Estate of 5.38 acres of land and her claim was defeated as she
      was unable to prove the grant of the said land in her favour with
      no specific finding by the court regarding the claims set up by the
      codefendants, the inter se dispute of the co-defendants as raised
      in the present suit never came to be adjudicated – In view of the
      facts and circumstances, the principle of res judicata is not attracted
      – As far as claim of the plaintiff-appellant is concerned, the plaintiff-
      appellant by sufficient evidence has proved the settlement of the
      suit land by the R in his favour – It stands proved by the Amin
      report (Exh.8) dated 15.04.1942 20 and the Hukumnama (Exh.9)
      dated 07.04.1943 as well as the Rent receipt (Exh.6, 6/A and 7) –
      The order of the Additional Collector, Hazaribagh dated 07.01.1963
      (Exh.16) directing realization of rent from the plaintiff-appellant
      also confirms the above settlement and its subsequent approval
      by the State on enhancement of rent – All these documents have
      not been confronted by the other side – The fact that the name
      of the plaintiff-appellant was also mutated in the revenue records
      proves it beyond doubt, in the absence of any contrary evidence
      that he is in possession of the suit land. [Paras 20, 21, 23, 25, 33]

                                 Case Law Cited
      Govindammal (Dead) by Legal Representatives and Ors. v.
      Vaidiyanathan and Ors. [2018] 11 SCR 1092 : (2019) 17 SCC
      433 – referred to.

                                   List of Acts
      Code of Civil Procedure, 1908.
[2024] 7 S.C.R.                                                                 31

            Har Narayan Tewari (D) Thr. Lrs. v. Cantonment Board,
                       Ramgarh Cantonment & Ors.

                                         List of Keywords
      Principle of res judicata; Section 11 of Code of Civil Procedure,
      1908; Rights of co-defendants; Claim of right, title, interest; Conflict
      of interest between the co-defendants.

                                         Case Arising From
      CIVIL APPELLATE JURISDICTION : Civil Appeal No. 8829 of 2010
      From the Judgment and Order dated 01.04.2009 of the High Court
      of Jharkhand at Ranchi in SA No.266 of 2006
                                   Appearances for Parties
      Manoj Goel, Sr. Adv., Mrs. Smriti Prasad, Vinayak Goel, Mrs. S.
      Gupta, Shuvodeep Roy, Advs. for the Appellants.
      Manoj Swarup, Sr. Adv., Ms. Madhurima Tatia, Adv. for the
      Respondents.
                       Judgment / Order of the Supreme Court

                                             Judgment
      Pankaj Mithal, J.
1.    Shri Manoj Goel, learned senior counsel for the appellants and Shri
      Manoj Swarup, learned senior counsel for the respondents were heard.
2.    The Title Suit No.9/89 of the plaintiff-appellant (Har Narayan Tewari)
      was decreed on 16.03.2000 by the court of first instance. In an appeal
      by the Cantonment Board, Ramgarh, the said decree was reversed by
      the First Appellate Court vide judgment and order dated 28.06.2006;
      basically on the ground that the suit was hit by principle of res judicata
      in view of the decision in the earlier Title Suit No.8/64 instituted by
      Maharani Lalita Rajya Lakshmi1 (wife of Raja Bahadur Kamakshya
      Narayan Singh2) wherein the plaintiff-appellant was defendant No.32
      and the Cantonment Board, Ramgarh was the main contesting
      defendant. The Second Appeal preferred by the plaintiff-appellant to
      the High Court was dismissed on 01.04.2009 simply stating that it
      does not raise any substantial question of law.


1    Hereinafter referred to as “Maharani”
2    Hereinafter referred to as “Raja”
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3.    Aggrieved by the judgment and order of the High Court dated
      01.04.2009 dismissing the appeal; the plaintiff-appellant has preferred
      this appeal and has also assailed the judgment and order dated
      28.06.2006 of the First Appellate Court alleging that his suit was
      not barred by res judicata and that he has validly acquired title and
      possession over the disputed land.
4.    The plaintiff-appellant had filed the above referred Title Suit No.9/89
      for declaration of his title over the properties mentioned in Schedule
      ‘A’ of the plaint with structures and buildings standing thereon and
      for confirmation of his possession over the same. In the alternative,
      a prayer was made that in case the plaintiff-appellant was not
      found in possession of the said property, the Cantonment Board,
      Ramgarh, or any person claiming through it, be evicted and he be
      put in possession with the further direction that they be restrained
      by a decree of permanent injunction from dispossessing the plaintiff-
      appellant from the said property in future.
5.    According to Schedule ‘A’ of the plaint, the dispute is about two
      pieces of land: First, land measuring 0.12 acres out of 2.04 acres
      of Plot No.432; and secondly land measuring 0.18 acres out of
      0.66 acres of Plot No.438 both situate in village Ramgarh, within
      the Cantonment Board, Ramgarh with boundaries as described in
      the Schedule. In short, the dispute in the suit is only regarding 0.12
      acres of Plot No.432 and 0.18 acres of Plot No.438 i.e. total of 0.30
      acres of the above two plots and the structures existing thereon.
6.    The plaintiff-appellant is claiming title and possession over the suit
      land alleging that the Raja, the proprietor of the village, had settled
      the aforesaid land measuring 0.30 acres of the land comprising of
      Plot Nos.432 and 438 in his favour in the year 1942.
7.    The case of the plaintiff-appellant was that village Ramgarh was
      the part of the Estate of Raja. It was under the management of the
      Court of Wards and was released in Raja’s favour in the year 1937.
      During the period of its management by the Court of Wards, its
      manager acquired 5.38 acres of additional land comprised in various
      plots including Plot Nos.432 and 438 in proceedings bearing Case
      No.1/1926-27 and came in possession thereof.
8.    The Raja in the year 1942 made a permanent raiyati settlement of
      the suit land in favour of the plaintiff-appellant and also delivered its
      possession to him on payment of rent and salami of Rs.2,000/-. After
[2024] 7 S.C.R.                                                          33

         Har Narayan Tewari (D) Thr. Lrs. v. Cantonment Board,
                    Ramgarh Cantonment & Ors.

     vesting of the Estate of Ramgarh in the State of Bihar, the name
     of the plaintiff-appellant was mutated upon enhancement of rent @
     Rs.2/- per decimal by an order dated 04.01.1963 of the Additional
     Collector, Ramgarh passed in Case No.115/62-63 (Exh.13). The
     plaintiff-appellant had constructed certain structures on the said
     land which have been let out to various persons, all of whom are
     defendants in the suit.
9.   Upon the establishment of the Cantonment Board, Ramgarh, the
     ex-proprietor Raja handed over 2.55 acres of land (excluding the
     suit land) with the dispensary building etc. to the Cantonment
     Board temporarily. The Cantonment Board, as such, never came
     in possession of more than 2.55 acres of land that too which was
     other than the land settled and occupied by the plaintiff-appellant.
10. In 1964, Maharani, the wife of the Raja, instituted a Title Suit No.8/64,
    inter alia, for declaration of her title over 5.38 acres of the land of
    the village including 0.30 acres land of the plaintiff-appellant. The
    aforesaid claim was made on the basis of the maintenance grant
    allegedly made by the Raja in her favour.
11. The aforesaid suit was contested by the plaintiff-appellant by filing a
    written statement and claiming 0.30 acres land on the basis of raiyati
    rights granted by the Raja in the year 1942. The Cantonment Board,
    Ramgarh, claimed distinct rights in different portions of the land to
    the extent of 2.55 acres only, comprising of dispensary building and
    quarters of the doctors on the basis of possessory rights granted
    by the Raja.
12. In the aforesaid case, Maharani entered into a compromise with
    several defendants including the plaintiff-appellant (who was
    defendant No.32 in the said suit). According to the said compromise,
    Maharani admitted the possession of the plaintiff-appellant over the
    suit land to the extent of 0.30 acres in Plot Nos.432 and 438 and it
    was agreed that she will have no concern with the same and that
    the plaintiff-appellant will remain in exclusive possession of it. The
    Cantonment Board, Ramgarh did not object to it or challenge the
    compromise.
13. In the said suit, as many as nine issues were framed including the
    maintainability of the suit and about the right, title and possession
    of Maharani. The suit of the Maharani was dismissed vide judgment
    and order dated 31.03.1984, primarily on the ground that it was not
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      maintainable as the State of Bihar being a necessary party, was not
      made a party and that Maharani had not entered into the witness
      box to prove her case. She as such, was not found to be the owner
      in possession of the land claimed by her. The court in dismissing
      the suit clearly mentioned that the parties who have entered into the
      compromise with Maharani will not have any right on the basis of the
      compromise deed as she herself has failed to prove her independent
      rights over the land claimed by her.
14. The second appeal filed by the plaintiff-appellant was dismissed by
    the High Court as it failed to raise any substantial question of law,
    which is mandatory for entertaining an appeal under Section 100 of
    the Code of Civil Procedure. Therefore, the first point which arises
    for consideration herein is - whether in the facts and circumstances
    of the case, any substantial question of law was involved in the
    second appeal.
15. The submission is that the plaintiff-appellant was non-suited by the
    First Appellate Court, on the ground that his suit was barred by
    res judicata. One of the essential conditions for the applicability of
    principle of res judicata as enshrined under Section 11 of the CPC
    is that the issue in the earlier suit and the subsequent suit ought to
    be directly and substantially the same. In the earlier Suit No. 8/64
    instituted by Maharani, her claim was that she is the lawful owner
    of the entire 5.38 acre of land of Village Ramgarh, on the basis of
    the maintenance grant made in her favour by the Raja. In the said
    suit, the plaintiff-appellant was defendant no. 32 and the Cantonment
    Board, Ramgarh was defendant No. 1. The claim set up by Maharani
    was not accepted and ex-facie there was no adjudication regarding
    the rights of the co-defendants over the suit land viz 0.30 acres of
    land of plot Nos. 432 and 438 as claimed by the plaintiff-appellant in
    the present suit. The limited issue therein was whether the Maharani
    had acquired any right in the above entire property on the basis of
    maintenance in grant alleged to be executed by the Raja in her favour.
    There was no issue as to whether the suit land as claimed by the
    plaintiff-appellant belonged to him or was settled or not settled in his
    favour as claimed. Thus, in the facts and circumstances of the case,
    a clear substantial question of law as to whether the present suit
    as filed by the plaintiff-appellant was barred under Section 11 CPC
    on principle of res judicata inasmuch as there was no adjudication
    of the rights of the co-defendants in the previous suit with regard to
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         Har Narayan Tewari (D) Thr. Lrs. v. Cantonment Board,
                    Ramgarh Cantonment & Ors.

     the suit land and the issue therein was not directly or indirectly and
     substantially the same as in the present suit.
16. In view of the above, we are of the opinion that the High Court
    manifestly erred in dismissing the second appeal in limine on the
    ground that there was no substantial question of law involved therein.
17. As stated earlier, the substantial question of law arising in the second
    appeal was - Whether the suit as setup by the plaintiff-appellant
    was barred by principle of res judicata in view of the decision in the
    earlier Suit No. 8 of 64 wherein rights of the co-defendants in respect
    of the suit land were never adjudicated and non-acceptance of the
    claim of Maharani was not sufficient so as to decide the rights of
    the co-defendants.
18. There are no factual disputes which may require consideration of
    any evidence so as to answer the above substantial question of law.
    Therefore, we consider it appropriate to decide the above substantial
    question of law ourselves instead of leaving it for the High Court to
    adjudicate it.
19. It is an admitted position that the suit land i.e., portions of plot Nos.
    432 and 438 were part of the Estate of Raja who had acquired about
    5.38 acres of additional land of village Ramgarh. Maharani had
    claimed title over the entire aforesaid land of village Ramgarh but
    her claim was not accepted by the court in her Title Suit No.8/64. It
    means that she was unable to establish her right, title and interest
    over the said land on the basis of the alleged maintenance grant
    made in her favour by the Raja, but it does not mean that the suit
    land was not settled by the Raja in favour of the plaintiff-appellant
    or that the suit land had come to be settled with Cantonment Board,
    Ramgarh in any manner.
20. The lis in the previous suit i.e. Suit No.8/64 was regarding ownership
    and entitlement of Maharani over the entire 5.38 acres of land
    of village Ramgarh qua the Cantonment Board, Ramgarh; the
    plaintiff-appellant and other defendants in the said suit; whereas the
    controversy in the present suit is quite distinct with regard to only
    0.30 acres of the suit land vis-à-vis the plaintiff-appellant and the
    Cantonment Board, Ramgarh.
21. The judgment and order of the previous suit which is final and
    conclusive, in no specific terms adjudicates upon the right, title
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      and interest of either of the plaintiff-appellant or of the Cantonment
      Board, Ramgarh with regard to the suit land. In the said suit, there
      was no issue with regard to the right, title and possession of either
      the plaintiff-appellant or of the Cantonment Board, Ramgarh and no
      finding in this connection was returned by the court in dismissing
      the said suit. In simple words, the suit, as filed by Maharani claiming
      right, title and interest over 5.38 acres of land of village Ramgarh
      was dismissed simpliciter without adjudication of any rights of the
      plaintiff-appellant over the suit land vis-à-vis the Cantonment Board,
      Ramgarh.
22. It may also be pertinent to point out that the Cantonment Board,
    Ramgarh throughout had claimed rights over 2.55 acres of land
    of village Ramgarh and not in respect of the entire 5.38 acres of
    land which was additionally acquired by the Raja. It is also not the
    case of the Cantonment Board, Ramgarh that the land which was
    temporarily settled in its favour by the Raja has been occupied by
    the plaintiff-appellant or that the plaintiff-appellant is claiming rights
    over the land which was settled in its favour. In other words, the
    land belonged to the Raja, part of which was settled in favour of the
    plaintiff-appellant to the extent of 0.30 acres of plot Nos. 432 and 438,
    whereas, another piece of land measuring 2.55 acres with certain
    structures but certainly excluding the suit land was settled in favour
    of Cantonment Board, Ramgarh. The right of the plaintiff-appellant
    to claim the suit land or the right of the Cantonment Board over the
    2.55 acres of land settled in its favour never came to be adjudicated
    in previous Title Suit No. 8 of 64.
23. The general policy behind the principle of res judicata as enshrined
    under Section 11 CPC is to avoid parties to litigate on the same
    issue which has already been adjudicated upon and settled. This
    is in consonance with the public policy so as to bring to an end the
    conflict of interest on the same issue between the same parties. One
    of the basic essential ingredients for applying the principle of res
    judicata, as stated earlier also, is that the matter which is directly
    and substantially in issue in the previous litigation ought not to be
    permitted to be raised and adjudicated upon in the subsequent suit.
    It is a settled law that the principle of res judicata is applicable not
    only between the plaintiff and the defendants but also between the
    co-defendants. In applying the principle of res judicata between
    the co-defendants, primarily three conditions are necessary to be
[2024] 7 S.C.R.                                                             37

          Har Narayan Tewari (D) Thr. Lrs. v. Cantonment Board,
                     Ramgarh Cantonment & Ors.

     fulfilled, namely, (i) there must be a conflict of interest between the
     co-defendants; (ii) there is necessity to decide the said conflict in order
     to give relief to plaintiff; and (iii) there is final decision adjudicating
     the said conflict. Once all these conditions are satisfied, the principle
     of res judicata can be applied inter se the co-defendants.
24. In context with the above settled principle, though reference can be
    made to several decisions starting from that of Privy Council, but we
    consider it appropriate to refer to only one of the latest decisions on
    the point rendered by this Court in the case of Govindammal (Dead)
    by Legal Representatives and Ors. vs. Vaidiyanathan and Ors.3,
    wherein after considering all previous decisions regarding application
    of principle of res judicata between co-defendants, this Court culled
    out the above three conditions for applying the same.
25. In the light of the above legal position, we find that there was no
    conflict of interest between the co-defendants in the earlier Suit No. 8
    of 64 inasmuch as the plaintiff-appellant was independently claiming
    rights over 0.30 acres of suit land whereas the Cantonment Board,
    Ramgarh was claiming rights over 2.55 acres of the land which formed
    part of the Estate of Raja without asserting that the land settled in its
    favour is the same as claimed by plaintiff-appellant or that there was
    any encroachment upon the land settled in its favour. Even assuming
    that there was some inter se conflicts between the co-defendants with
    regard to the suit land, the adjudication of the said conflict was not
    necessary for granting any relief to Maharani who was the plaintiff
    in the suit. Since she was claiming the entire Estate of 5.38 acres
    of land and her claim was defeated as she was unable to prove the
    grant of the said land in her favour with no specific finding by the
    court regarding the claims set up by the co-defendants, the inter
    se dispute of the co-defendants as raised in the present suit never
    came to be adjudicated. Thus, none of the conditions as laid down
    in Govindammal (supra) between co-defendants stood fulfilled for
    applying res judicata. In view of the aforesaid facts and circumstances,
    we are of the opinion that the principle of res judicata would not
    be attracted as the issue in the present suit was neither directly or
    indirectly in issue in the previous suit and there was no conflict of
    interest between the co-defendants in the said previous suit which if
    any never came to be adjudicated upon. Accordingly, the suit as filed


3   [2018] 11 SCR 1092 : (2019) 17 SCC 433
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      by the plaintiff-appellant claiming title over the suit land against the
      Cantonment Board, Ramgarh is not barred under Section 11 CPC.
26. Having said so, we proceed to examine the respective claims of the
    parties on merits, treating the suit as maintainable and not barred
    by res judicata.
27. The plaintiff-appellant has set up his claim over the suit land as
    described in Schedule ‘A’ to the plaint. The said schedule mentions
    0.12 acres of land of plot No.432 and 0.18 acres of land of plot
    No.438 totaling 0.30 acres of land situate in village Ramgarh. There
    is no dispute that during the said period the Estate of the Raja was
    under the management of Court of Wards, its manager had acquired
    5.38 acres of additional land including the suit land and the same
    was added to the Estate of the Raja. In the year 1942, the Raja
    had settled the aforesaid land in favour of the plaintiff-appellant
    on 18.10.1942. It was followed by Hukumnama dated 07.04.1943
    (Exh.9) which confirmed the above settlement.
28. The above settlement was confirmed by the Additional Collector,
    Hazaribagh on enhancement of rent @ Rs.2/- per decimal some
    time in the year 1963 and had started realizing rent from the plaintiff-
    appellant accordingly.
29. There is no dispute by any person claiming rights under the Raja
    that the aforesaid land was not so settled in favour of the plaintiff-
    appellant. The Maharani had claimed the entire 5.38 acres of land on
    the basis of the maintenance grant executed by Raja in her favour
    but her aforesaid claim was not accepted. The Cantonment Board,
    Ramgarh on the other hand had staked its claim only in respect of
    2.55 acres of land forming part of 5.38 acres of the land but has
    nowhere claimed any right, title and interest over the suit land as
    claimed by the plaintiff-appellant. The Cantonment Board only on the
    basis of the judgment and order dated 16.03.2000 passed in Title
    Suit No.8/64 alleges that it has been recognized to be the owner of
    the entire 5.38 acres of land by adverse possession and, therefore,
    the plaintiff-appellant has no subsisting right in the suit land. The
    Cantonment Board further contends that the entire 5.38 acres of
    land was leased out by the Raja on 02.06.1931 for a period of 15
    years to the Dublin University Mission and, therefore, no part of it
    could have been settled by him in favour of the plaintiff-appellant
    in the year 1942.
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         Har Narayan Tewari (D) Thr. Lrs. v. Cantonment Board,
                    Ramgarh Cantonment & Ors.

30. In respect to the second aspect as raised on behalf of the Cantonment
    Board, it is necessary to note that no material or evidence was
    adduced by the Cantonment Board to establish that the entire 5.38
    acres of land was transferred by way of lease to Dublin University
    Mission; not even any oral evidence was adduced to prove such a
    transfer restricting the right of the Raja to settle the land in favour
    of the plaintiff-appellant. Even otherwise assuming there was such a
    lease, it would have expired in June 1946 on completion of 15 year
    period in which case the settlement of 1942 and the Hukumnama of
    1943 being valid would revive and continue in favour of the plaintiff-
    appellant, more particularly with its confirmation by the Additional
    Collector and mutation in 1963.
31. In context with the first contention that in Title Suit No.8/64, possession
    of the Cantonment Board over the entire 5.38 acres was accepted by
    adverse possession, it would be pertinent to note that on perusal of
    the said judgment and order and decree would reveal that the court
    of first instance in the said suit has not given any finding with regard
    to the claim to the plaintiff-appellant (who was defendant No.32 in
    the said suit) nor with regard to the claim set up by the Cantonment
    Board. It is misconceived to contend that the said judgment and order
    accepts the title of the Cantonment Board by adverse possession
    on the entire 5.38 acres of land. In the said suit, the Cantonment
    Board had claimed rights only in respect of the part of the aforesaid
    5.38 acres of land to the extent of 2.55 acres and, therefore, any
    observation of the trial court regarding adverse possession of the
    Cantonment Board would be deemed to be in respect of the claim
    as set up by the Cantonment Board and would not be construed to
    be in connection with the entire 5.38 acres of land so as to include
    the land of the plaintiff-appellant.
32. The written statement of the Cantonment Board itself as filed in
    Title Suit No.8/64 (Exh.12) makes it abundantly clear that upon the
    establishment of the Cantonment Board as a temporary measure
    in the year 1941, the Raja on being approached permitted it on
    06.11.1941 to use 2.55 acres of land consisting of the dispensary
    building and other structures along with adjoining land to be used
    by the Cantonment Board for a period of six months which was
    extended up to 31.12.1943. There was no other settlement of any
    land in favour of the Cantonment Board and the Cantonment Board
    was in permissive possession of only 2.55 acres of land out of the
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      5.38 acres of the entire land of village Ramgarh. The land settled in
      favour of the plaintiff-appellant and that in favour of the Cantonment
      Board by the Raja were distinct and as such there was no apparent
      conflict between them.
33. The plaintiff-appellant by sufficient evidence has proved the settlement
    of the suit land by the Raja in his favour. It stands proved by the Amin
    report (Exh.8) dated 15.04.1942 and the Hukumnama (Exh.9) dated
    07.04.1943 as well as the Rent receipt (Exh.6, 6/A and 7). The order
    of the Additional Collector, Hazaribagh dated 07.01.1963 (Exh.16)
    directing realization of rent from the plaintiff-appellant also confirms
    the above settlement and its subsequent approval by the State on
    enhancement of rent. All these documents have not been confronted
    by the other side. The fact that the name of the plaintiff-appellant
    was also mutated in the revenue records proves it beyond doubt,
    in the absence of any contrary evidence that he is in possession of
    the suit land. It may also be worth noting that in the earlier suit, the
    Cantonment Board has accepted that the plaintiff-appellant has been
    realizing rent of the shops existing over the suit land from the tenants.
34. In view of the aforesaid overwhelming unconfronted evidence, the
    First Appellate Court manifestly erred in reversing the finding of the
    court of first instance that the plaintiff-appellant is in settled possession
    of the suit land and he has successfully proved his ownership rights
    over the same.
35. Accordingly, the judgment and order of the High Court dated
    01.04.2009 and that of the First Appellate Court dated 28.06.2006
    are hereby set aside and the judgment and order dated 16.03.2000
    passed by the trial court is restored decreeing the title suit of the
    plaintiff-appellant but with no order as to costs.
36. The appeal is allowed.

      Result of the case: Appeal allowed.



      †
          Headnotes prepared by: Ankit Gyan