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Supreme Court of India

S. KULDEEP SINGH & ANRversusS. PRITHPAL SINGH

Citation
2022 INSC 781
Decided
2 August 2022
Disposal
Appeal(s) allowed

Holding

The unregistered compromise deed, entered during the suspension of the Agrarian Reforms Act, does not convey title and the Deputy Commissioner’s order is a legal nullity.

Summary

The plaintiff, an adopted son of the deceased landowner, claimed ownership of 11 kanals and 15 marlas of land based on a compromise deed dated 18‑December‑1975, which was endorsed by the owner and recorded by the Deputy Commissioner (DC). The appellants, the natural heirs, argued that the compromise did not convey title, required compulsory registration, and was made while the Jammu & Kashmir Agrarian Reforms Act, 1972 was suspended, rendering the DC's order ultra vires. The Supreme Court examined the nature of the compromise, the statutory definition of "owner" under the 1972 Act, the requirement of registration under the Registration Act, 1977, and the effect of the Suspension Act, 1975. It held that the compromise merely granted personal cultivation rights, did not transfer title, was not a family arrangement, and needed registration which was absent; moreover, the DC lacked jurisdiction during the suspension period, making his order a nullity. Consequently, the decree in favour of the plaintiff was set aside and the appeal was allowed.

Issues considered

  • Whether the compromise deed dated 18‑December‑1975 confers a legal title over the land.
  • Whether the compromise deed required compulsory registration under the Registration Act, 1977 and the J&K Transfer of Property Act.
  • Whether the Deputy Commissioner had jurisdiction to record the compromise and issue an order during the suspension of the Agrarian Reforms Act, 1972.
  • Whether the principle of estoppel can be invoked against the appellants to uphold the decree.

Legislation cited

Subjects

compromise deedregistration requirementagrarian reformsland titlejurisdictionsuspension of actestoppelrevenue recordsorchard landcivil suitdecree nullity

Judgment

100                      [2022]REPORTS
               SUPREME COURT   13 S.C.R. 100             [2022] 13 S.C.R.


A                       S. KULDEEP SINGH & ANR.
                                       v.
                            S. PRITHPAL SINGH
                         (Civil Appeal No. 81 of 2011)
B                              AUGUST 2, 2022
              [K. M. JOSEPH AND HRISHIKESH ROY, JJ.]
            Jammu & Kashmir Agrarian Reforms Act, 1972 – s.2(4), 2(6),
      2(7) and 50 – Kashmir Agrarian Reforms Rules, 1973 – r. 5 – Jammu
      & Kashmir Agrarian Reforms (Suspension of Operations Act), 1975
C
      – Jammu & Kashmir Agrarian Reforms Act, 1976 – Registration
      Act, 1977 – s.17 – Jammu & Kashmir Transfer of Property Act –
      s.138 – Suit for declaration and possession – The Suit was filed for
      declaration and possession by the respondent-plaintiff who was
      the adopted son of one ‘SS’ (who was the owner of property is in
D     dispute) – Respondent claimed that he received gifts of land in his
      favour from SS – He supported his claim by producing a compromise
      deed dated 18.12.1975 in between himself and one ‘AJK’(tenant)
      on which there was a thumb impression of SS endorsing the
      instrument – Deputy commissioner (DC) passed an order recording
      the compromise on 24.12.1975 – The appellant contended that they
E
      are in possession of the land – The District judge passed decree in
      favour of plaintiff-respondent, the finding was primarily based on
      compromise deed – The first appeal by the appellants herein was
      dismissed – The LPA preferred by the appellants was dismissed –
      Appellants approached the Supreme Court and contended that the
F     compromise does not confer any title on the respondent and that
      such an instrument requires compulsory registration as per s.17 of
      1977 Act and further, that in terms of Section 3 of the Suspension
      Act, 1975, the operation of the concerned provisions and all
      proceedings thereunder 1972 Act remained in suspension until
      30.3.1976 and therefore 18.12.1975 compromise and the DC’s order
G
      dated 24.12.1975 for correction of revenue records based on the
      compromise are non-est – Held: With his endorsement on the
      compromise, SS intended to give the right of personal cultivation
      but the same does not in any manner suggest that SS had intended
      to confer title on the respondent – The compromise cannot be treated
H     as a family arrangement – Furthermore, the compromise and the
                                        100
      S. KULDEEP SINGH & ANR. v. S. PRITHPAL SINGH                       101


DC’s consequent Order, was passed in a revenue proceeding thus           A
the compromise did not fall under the exception category under
Section 17(2)(vi) of – Thus, compromise in order to have legal effect
needed registration under the Registration Act, 1977 – The DC
lacked inherent jurisdiction to either entertain the appeal or endorse
the compromise during the suspended phase – Any order or decree
                                                                         B
so passed through such unlawful exercise of power, will be a legal
nullity – Decree in favour of respondent (plaintiff) set aside.
      Allowing the appeal, the Court
     HELD:1. A. Whether the compromise dated 18.12.1975
confers title?                                                           C
      In order to adjudicate the above issue, this Court needs to
look at the compromise in its intent and functioning. The
compromise between the Plaintiff and tenant was recorded in a
proceeding for correction of revenue records under the 1972
Act and the Rules. There, the Plaintiff was admitted to be the           D
owner and in possession of land which he personally cultivated.
SS with his thumb impression endorsed the compromise deed.
On this the defendants have contended that the said statement
has to be read in the context in which it was made and how the
parties to the transaction understood the same. The plaintiff says
that his adoptive father SS intended to confer title on the Plaintiff    E
and SS would not have looked into the definition of “owner” under
the 1972 Act, before making the endorsement on the compromise.
On this, it cannot be ignored that the parties effectuated the
transaction in a proceeding under the 1972 Act. Thus, the
compromise exists within the four corners of the 1972 Act, and           F
must therefore be read by applying the statutory provisions. [Para
18][116-C-E]
      2. The purpose of the compromise decree in the correction
proceedings under Chapter III of the Rules pertain only to
revenue entries, and the possession of land in capacity of a             G
personal cultivator. This could hardly confer any lawful title on
the plaintiff over SS’s land. With his endorsement on the
compromise, SS perhaps intended to give the right of personal
cultivation but the same does not in any manner suggest that SS
had intended to confer title on the plaintiff. The land is therefore
                                                                         H
102            SUPREME COURT REPORTS                       [2022] 13 S.C.R.


A     of the orchard category. In this situation, the land which is the
      subject matter of the Compromise being an Orchard stood
      excluded from the definition of land under S. 2(4) of the 1972
      Act. As such, the title for such category of land could not vest
      with the Plaintiff. Thus This Court held that the compromise
      (18.12.1975) does not convey any lawful title on the Plaintiff.
B
      [Paras 19, 20, 21][116-G; 117-B-E]
            B. Did the compromise require registration?
            3. It is contended by the defendants that the compromise
      did not comply with Section 17 of the Registration Act, 1977 which
C     mandates compulsory registration, and without a registered
      document, no title or claim or possession can fructify. The
      compromise was not amongst family members but between the
      plaintiff and the tenant (not a family member). The statement of
      SS “I accept the compromise”, is only with regard to the internal
      arrangement regarding the tenancy, and this will not make it a
D     family arrangement. Moreover, the plea that compromise is a
      “Family Arrangement” is raised for the first time before this
      Court. The Plaintiff significantly had waived his claim to other
      assets left by SS (on the basis that the Plaintiff is his adopted
      son), before the High Court. He cannot therefore be permitted
E     to raise such a contention for the first time before this Court.
      Even otherwise, tenant was not a family member. Thus, he could
      not have been a party to a so called “family arrangement”. Besides,
      none of the other family members were parties to the said
      compromise either. Therefore, the documents in question would
      require registration and it cannot be treated as a family
F     arrangement. [Paras 22 and 23][117-F-H; 118-A-C]
             4. The compromise was required to be registered, under
      Section 49 of the Registration Act, 1977 and also under Section
      138 of the J&K Transfer of Property Act. Without such registration
      no title can fructify for the plaintiff from the documents in question.
G     Furthermore, the compromise and the DC’s consequent Order,
      was passed in a revenue proceeding and this was definitely not a
      part of a Court proceeding. That being the case, the compromise
      did not fall under the exception category under Section 17(2)(vi)
      of Registration Act, 1977 (as applicable to then State of J&K).
H
      S. KULDEEP SINGH & ANR. v. S. PRITHPAL SINGH                        103


The above makes it abundantly clear that the compromise in order          A
to have legal effect needed registration under the Registration
Act, 1977. Since title is claimed, and the plaintiff founded his entire
case on the compromise, it would necessarily require registration.
Accordingly, question B is answered in affirmative. [Paras 26, 27
and 28][119-F-H; 120-A-C]
                                                                          B
        5. The DC, lacked inherent jurisdiction to either entertain
the appeal or endorse the compromise during the suspended
phase. In cases where the authority lacked jurisdiction under a
special Act and yet exercises powers, without authority of law,
any order or decree so passed through such unlawful exercise of
power, will be a legal nullity. The deficiency of jurisdiction of the     C
authority cannot be cured by the consent of the parties. The
challenge to such an incompetent order could be set up wherever
it is sought to be enforced or relied upon, even in execution or in
collateral proceedings. Accordingly answering in favour of the
defendants, the DC’s order in our opinion can have no legal effect        D
as the same was passed during the operation of Suspension Act,
1975. This Court finds that the compromise being unregistered
cannot confer title on the respondent. [Para 30][121-B-D]
      Bhoop Singh v. Ram Singh Major (1995) 5 SCC 709 :
      [1995] 3 Suppl. SCR 466; K. Raghunandan & Ors. v.                   E
      Ali Hussain Sabir & Ors. (2008) 13 SCC 102 : [2008]
      8 SCR 657; Phool Patti v. Ram Singh (2015) 3 SCC
      465; Ajudh Raj v. Moti (1991) 3 SCC 136 : [1991] 2
      SCR 690; Mohammad Ansari v. Union of India & Ors.
      (2017) 3 SCC 740 : [2017] 1 SCR 422; Sitabai & Anr.
      v. Ramachandra AIR 1970 343 : [1970] 2 SCR 1; Om                    F
      Prakash & Ors. v. R. K. Kalra (1988) 4 SCC 705 :
      [1988] 1 Suppl. SCR 556; Kale and Others v. Deputy
      Director of Consolidation and Others (1976) 3 SCC
      119 : [1976] 3 SCR 202; Ram Charan Das v. Girija
      Nandini Devi and Others AIR 1966 SC 323 : [1965]                    G
      3 SCR 841; Maturi Pullaiah and Another v. Maturi
      Narasimham and Others AIR 1966 SC 1836; K. C.
      Kappor v. Smt. Radhika Devi (Dead) by LRs. and Others


                                                                          H
104          SUPREME COURT REPORTS                  [2022] 13 S.C.R.


A          (1981) 4 SCC 487 : [1982] 1 SCR 907; Mehaboob
           Sahab v. Syed Ismail and Others (1995) 3 SCC 693 :
           [1985] 2 Suppl. SCR 537; Bhagwan Krishan Gupta (D)
           v. Prabha Gupta and Others (2009) 11 SCC 33 : [2009]
           3 SCR 393; Ganeshi (Dead) Through LRs. and Others
           v. Ashok and Another (2011) 15 SCC 417 : [2011]
B
           4 SCR 215; Ajambi (Dead) by Legal Representative v.
           Roshanbi and Others (2017) 11 SCC 544; Ripudaman
           Singh v. Tikka Maheshwar Chand (2021) 7 SCC 446;
           Haryana State Industrial Development Corporation v.
           Cork Manufacturing Co. (2007) 8 SCC 120 : [2007] 9
C          SCR 508 - referred to.
                          Case Law Reference
      [1995] 3 Suppl. SCR 466        referred to        Para 16.3
      [2008] 8 SCR 657               referred to        Para 16.3
D     (2015) 3 SCC 465               referred to        Para 16.3
      [1991] 2 SCR 690               referred to        Para 16.5
      [2017] 1 SCR 422               referred to        Para 16.5
      [1970] 2 SCR 1                 referred to        Para 17.3
E     [1988] 1 Suppl. SCR 556        referred to        Para 17.3
      [1976] 3 SCR 202               referred to        Para 17.5
      [1965] 3 SCR 841               referred to        Para 17.5
      AIR 1966 SC 1836               referred to        Para 17.5
F
      [1982] 1 SCR 907               referred to        Para 17.5
      [1985] 2 Suppl. SCR 537        referred to        Para 17.5
      [2009] 3 SCR 393               referred to        Para 17.5
      [2011] 4 SCR 215               referred to        Para 17.5
G
      (2017) 11 SCC 544              referred to        Para 17.5
      (2021) 7 SCC 446               referred to        Para 25
      [2007] 9 SCR 508               referred to        Para 33

H
        S. KULDEEP SINGH & ANR. v. S. PRITHPAL SINGH                               105


        CIVIL APPELLATE JURISDICTION: Civil Appeal No. 81 of                       A
2011.
      From the Judgment and Order dated 28.10.2009 of the High Court
of Jammu and Kashmir at Srinagar in L.P.A. No. 174 of 2008.
      Huzefa A. Ahmadi, Sr. Adv., Ms. Kaveeta Wadia, Shahrukh Alam,
Sarad Kumar, Rohan Sharma, Ms. Mantika Haryani, Ms. Astha Sharma,                  B
Advs. for the Appellants.
     S. N. Bhat, Sr. Adv., D. P. Chaturvedi, Tarun Kumar Thakur,
Ms. Parvati Bhat, Ms. Anuradha Mutatkar, Advs. for the Respondent.
        The Judgment of the Court was delivered by                                 C
        HRISHIKESH ROY, J.
        1. The present appeal is against the judgment and order dated
28.10.2009 in LPA No.174/2008 where under the Division Bench of the
High Court of Jammu & Kashmir at Srinagar upheld the decree in favour
of the respondent-plaintiff rendered on 31.07.2003 by the learned District         D
Judge, Anantnag. The suit was filed seeking declaration and possession
in respect of the land measuring 11 Kanals and 15 marlas falling within
the survey nos.1829 and 1838 situated at Ranbirpora, Anantnag. The
appellants are the natural son and daughter of late S. Sucha Singh whereas
the respondent/plaintiff S. Prithpal Singh claimed to be the adopted son
                                                                                   E
of Sucha Singh.
        2. In the suit, Prithpal Singh as the plaintiff claimed that he received
gifts of land in his favour from Sucha Singh. But although the suit schedule
properties were more, the plaintiff confined his relief to the land measuring
11 kanals and 15 marlas mentioned above and not any other lands of his
                                                                                   F
adoptive father Sucha Singh. In the plaint, Prithpal Singh enclosed certified
copy of a compromise deed in between himself and one Abdul Jalil Khan
and the claim of the plaintiff centers around the said compromise deed
dated 18.12.1975. The terms of the compromise being relevant are
extracted hereinbelow:
                      “COMPROMISE PARTIES                                          G

        Sir, compromise is submitted as under:-
        1. That in the case entitiled above the parties have amicably
        compromised as under; out of Survey No. 1829 = Four kanals
        and five marlas and out of Survey No. 1835 Min one Kanal fifteen           H
106            SUPREME COURT REPORTS                            [2022] 13 S.C.R.


A           marlas in total six kanals including trees and houses situated at
            Ranbirpora Tehsil Anantnag will remain under the ownership of
            the Appellant in consideration of the Appellant under Survey No.
            1829 = 3 Kanals 15 marlas, 1838 min 8 Kanals in total = 11 kanals
            15 marlas including trees situated at village Ranbirpora Tehsil
            Anantnag gives up his tenancy rights and hands over its possession
B
            to the Respondent who will be considered its owner, no dispute
            remains in future.
            2. That the parties will bear their own costs of litigation, in light of
            compromise the land be recorded in the name of parties in the
            Revenue Registers.
C
            3. It is prayed the compromise be accepted and the appeal decided
            on the condition mentioned that will do justice.
            Respondent                                              The Parties
            Accepted the compromise                                 Appellant
D
            Left Thumb impression of                                Abdul jalil
            Pritpal Singh                                  Thumb Impression


                                                     I also accept the
E                                                  Compromise Sardar Sacha
                                                    Singh S/o Amar Singh
                                                   Ranibirpora Anantnag
                                                    Father of Respondent
                                                     Thumb Impression.”
F            3. As can be seen Sardar Sucha Singh appended his thumb
      impression to the above compromise deed with the expression “I also
      accept the compromise”. The Deputy Commissioner, Anantnag (“D.C”
      for short) thereafter passed an order on 24.12.1975 on the File No.168/
      06 recording the presence of both parties and the settlement made
      amongst them whereunder the tenant Abdul Jalil Khan gave up his
G     tenancy rights over certain parcels of land and for the earlier noted
      11 kanals and 15 marlas including the trees situated on the said parcel at
      village Ranbirpora, the respondent was accepted to be the owner by the
      tenant. Consequential directions were accordingly issued by the D.C for
      entering the compromise in the revenue records and as such the order
H
      S. KULDEEP SINGH & ANR. v. S. PRITHPAL SINGH                            107
                  [HRISHIKESH ROY, J.]

dated 24.08.1974 by the Circle Officer regarding correction of tenancy        A
was disposed of in light of the compromise amongst both parties.
       4. Parallelly, during the aforesaid proceedings, on 1.5.1972 the
Jammu & Kashmir Agrarian Reforms Act, 1972 (hereinafter referred
to as, “the 1972 Act”) came into force under which new rights and
obligations were created and jurisdiction was conferred on the competent      B
authority for the purpose of correcting the revenue records. Section 2
(6) of this Act gave a wide interpretation to the term “owner” for the
purposes of revenue records and included “inferior owners”, and those
claiming through the proprietor. Similarly, under Section 2(7), “personal
cultivation” by a person also included cultivation by owner and his
adopted son.                                                                  C

       5. On the strength of Section 50 of 1972 Act, the Jammu and
Kashmir Agrarian Reforms Rules, 1973 (for short, “the 1973 Rules”)
were notified. Rule 5 provided that the Khasra Girdwari Register for
Kharif 1971 upon due verification and authentication, was to be the record
of personal cultivation of lands as on 1.9.1971 (cutoff date). The Circle     D
Officers under Rule 7 were required to visit each village within their
jurisdiction to verify, amend, and authenticate entries for Kharif Register
Girdwari 1971. Rule 15 provided the procedure for amendment of
“return” or for collecting information for filing revenue entries under
Rule 11. This shows that after the cutoff date of 1.9.1971, the Circle        E
Officers were given new responsibility for verifying and compiling land
revenue entries and the procedure for amending entries in case of errors
or disputes, were also prescribed.
      6. At that stage, Abdul Jalil Khan claiming tenancy rights on the
subject land applied for correction of tenancy to the Circle Officer and      F
exercising the power for correction of tenancy, the Circle Officer on
24.8.1974 ordered the application made by the tenant Abdul Jalil Khan.
The tenant Abdul Jalil Khan being aggrieved preferred appeal before
the DC under the 1972 Act but in the meantime on 25.3.1975, the Jammu
& Kashmir Agrarian Reforms (Suspension of Operations Act), 1975
(hereinafter “the Suspension Act, 1975”) was notified. The suspension         G
was to be in effect initially till 19.12.1975 but was extended later to
30.3.1976. These dates are significant because the compromise dated
18.12.1975 was entered while certain provisions of 1972 Act remained
inoperative because of the Suspension Act, 1975.
                                                                              H
108             SUPREME COURT REPORTS                          [2022] 13 S.C.R.


A           7. On 1.6.1978 the new Jammu & Kashmir Agrarian Reforms
      Act, 1976 (hereinafter referred to as, “the 1976 Act”) came into force
      with effect from 13.07.1978, replacing the suspended Act of 1972.
             8. In course of verifying and correcting the entries in terms of the
      order passed by the Collector on 24.12.1975 (during the period while the
B     Act of 1972 was under suspension) inquiries were conducted and the
      competent officer attested mutation no.4133 whereby the land with trees
      to the extent of 11 Kanals and 15 Marlas, were re-recorded in the name
      of late S. Sucha Singh. The appellants, who are the natural son and
      daughter of the land owner, claimed that since that date till today, they
      are in possession of the land although in the interregnum, their father S.
C     Sucha Singh died.
             9. The civil Suit by the respondent no.1 was initially instituted
      before the Jammu & Kashmir High Court, for declaration and possession
      of land and it was claimed in the Suit by the adopted son that the appellants
      have forcibly dispossessed him from the land claimed in the Suit. The
D     respondent has founded his claim over Sucha Singh’s land on the basis
      of the compromise dated 18.12.1975 and the subsequent order recording
      the compromise passed by the DC on 24.12.1975. Although the respondent
      claimed to be adopted son of Sucha Singh (appellants’ father), similar
      assertion was not made on such basis for other properties of Sucha
E     Singh. The Suit filed before the High Court was transferred in 1995 to
      the Court of the District Judge, Anantnag where the appellants as the
      defendant nos.1 and 2 filed their written statement stating, inter alia, that
      the compromise and the order passed thereon by the D.C on 24.12.1975,
      was without jurisdiction and the same do not confer any right on the
      plaintiff. On the given-up claim based on the gift executed by late Sucha
F     Singh, the stand of the appellants/defendants was that the documents
      were revoked by their father during his life time and the revocation deed
      executed in September, 1975 was registered on 22.1.1976. Notably the
      amendments sought by the plaintiff to the plaint was not pressed/rejected
      and the relief in the suit was confined to 11 Kanals and 15 Marlas of
G     land based on the compromise dated 18.12.1975 and the Deputy
      Commissioner’s order dated 24.12.1975.
             10. The learned District Judge took note of the following pedigree
      table of the parties:

H
      S. KULDEEP SINGH & ANR. v. S. PRITHPAL SINGH                             109
                  [HRISHIKESH ROY, J.]

                                                                               A




                                                                               B




                                                                               C
       11. Framing several issues on the basis of the pleadings of the
parties, the learned Judge after considering the materials on record found
in favour of the plaintiff that he is the owner of 11 Kanals and 15 Marlas
in Survey Nos. 1829 and 1838. This finding was based primarily on the
compromise dated 18.12.1975 between the plaintiff and Abdul Jalil Khan         D
and accordingly a decree for possession of land was passed in favour of
the plaintiff-respondent and against the defendants-appellants.
      12. The Civil First Appeal No.117 of 2003 was then filed by the
appellants and likewise Cross Appeal No.72 of 2004 was filed by the
respondent assailing the District Judge order dated 31.7.2003 but the          E
learned Single Judge under his 24.9.2008 common order, dismissed both
appeals and thereby the decree/order dated 31.7.2003 came to be upheld.
       13. Thereafter the appellants preferred the LPA No.174 of 2008
and specifically questioned the jurisdiction of the DC to pass the
24.12.1975 order by contending that the compromise dated 18.12.1975            F
was a nullity. According to the appellants, their father late Sucha Singh
through whom the plaintiff claims, was the owner of the subject land
and unless the land owner transferred the land in favour of the plaintiff,
through a valid registered instrument, the plaintiff can have no claim
over the subject land. It was specifically contended that under Section
49 of the Registration Act, 1908 and Section 138 of the Jammu &                G
Kashmir Transfer of Property Act, 1920 which are applicable to the
State, claim for title or of possession of immoveable property without a
registered instrument, cannot be entertained. Their say was that there is
nothing on record that Sucha Singh had transferred any land to the plaintiff
through a valid instrument. On the compromise, which was the basis for         H
110             SUPREME COURT REPORTS                           [2022] 13 S.C.R.


A     plaintiff’s claim, the appellants projected that in terms of Section 3 of the
      Suspension Act, 1975, the operation of the concerned provisions of the
      1972 Act and all proceedings thereunder, remained in suspension until
      30.3.1976 and therefore the 18.12.1975 compromise and the DC’s order
      dated 24.12.1975 for correction of revenue records based on the
      compromise are non-est as the same was passed while the 1972 Act
B
      was under suspension.
             14. Having considered the rival projections, the High Court
      observed that the only question which requires determination in the appeal
      is, what is the effect of the compromise. To give the answer, the Court
      noted that the certified copy of the compromise does not disclose that
C     the same was in connection with a proceeding initiated for resumption
      of land but noted that the same related to correction of revenue records.
      According to the Court the plaintiff being an Army personnel, was in a
      better position to resume the land which was under the tenancy of Abdul
      Jalil Khan and therefore the plaintiff was authorized to launch the
D     proceeding and enter into compromise with the tenant Abdul Jalil Khan.
      The Division Bench also noted that the owner of the land Sucha Singh
      had acknowledged the compromise deed which recorded the respective
      ownership of the tenant Abdul Jalil Khan and the plaintiff, for the
      concerned portions of the land of Sucha Singh. On the issue of the transfer
      of land being without a registered document, the Court observed that the
E     instrument of compromise where a tenant accepts that his landlord is in
      possession of certain land over which the tenant makes no claim and
      surrenders his tenancy, would not require registration. The plaintiff’s
      right on the concerned land is also recognized by the Sucha Singh through
      his endorsement. Moreover, since the appellants had not taken steps to
F     appropriately challenge the 18.12.1975 compromise within the period of
      limitation, the title of the plaintiff stood perfected. The appeal accordingly
      was dismissed under the impugned judgment.
            15. We have heard Mr. Huzefa A. Ahmadi, learned Senior Counsel
      appearing for the appellants. Mr. S.N.Bhat, learned Senior Counsel
G     appears for the respondent (plaintiff).
            16.1 Explaining the implications of the thumb impression of late
      Sucha Singh on the compromise deed, Mr. Ahmadi, learned Senior
      Counsel submits that the same related only to the internal arrangement
      regarding the tenancy of Jalil Khan and does not in any way transfer
H     any right of ownership to the plaintiff. According to the counsel the
      S. KULDEEP SINGH & ANR. v. S. PRITHPAL SINGH                            111
                  [HRISHIKESH ROY, J.]

endorsement “I accept the compromise” does not in any manner suggest          A
that Sucha Singh had intended to confer title of his land to the plaintiff.
       16.2 Focusing on the appellants’ challenge to the compromise,
Mr. Ahmadi, learned Senior Counsel submits that the compromise was
entered in a proceeding for correction of revenue records and the same
must therefore be understood in that context. Adverting to the wide           B
definition of “owner” and “personal cultivation” under Section 2 (6)
and Section 2 (7) respectively under the 1972 Act, it is argued that the
definition is wide and includes persons claiming through the legal owner
and also “adopted sons” of the owner. Accordingly, it is argued that
acceptance of the plaintiff as an owner, does not imply that Sucha Singh
had intended to transfer his ownership right in favour of the plaintiff.      C
Projecting the limited power of the Circle Officer which was confined
to compiling and correcting revenue records as they existed on the cutoff
date 1.9.1971, it is submitted that the compromise in the revenue
correction proceedings under Chapter III of the Rules, can only relate to
revenue records and to possession of land in capacity as personal             D
cultivator. It is therefore argued that the compromise cannot and does
not confer title on the plaintiff.
       16.3 Highlighting the requirement of mandatory registration under
Section 17 of the Registration Act, 1977, it is next argued that the
compromise does not comply with the mandate of law and since title is         E
claimed by the plaintiff only on the strength of compromise, the same
could not have been granted. The learned senior counsel has relied on
Bhoop Singh v. Ram Singh Major1 to argue that the law requires
registration of compromise order which creates rights, title or interest in
immovable property. The ratio in K. Raghunandan & Ors. v. Ali
Hussain Sabir & Ors.2 is also cited by the counsel to point out that the      F
Court has held that since the plaintiff claims title from the compromise
deed, as distinguished from recognition of pre-existing rights, the same
would necessarily require registration. The judgment in Phool Patti v.
Ram Singh3 is also pressed home by the counsel to buttress his argument.
Appellants question how legal title can be secured on the strength of the     G
compromise arrived at in the proceedings initiated by the tenant Jalil
Khan which arose from a change in the entry in the records, during the

1
  (1995) 5 SCC 709
2
  (2008) 13 SCC 102
3
  (2015) 3 SCC 465                                                            H
112                SUPREME COURT REPORTS                       [2022] 13 S.C.R.


A     process of verification under the 1972 Act. The document in question in
      any case is required to be registered, in terms of Section 49 of the
      Registration Act and Section 138 of the Jammu & Kashmir Transfer
      of Property Act and the submission of Mr. Ahmadi is that without such
      registration, the title rights for the plaintiff do not get crystalized.
B             16.4 Adverting to the provisions of Section 17 (2) (vi) of the
      Registration Act,1977 as applicable to the State of Jammu & Kashmir,
      it is next argued that the DC’s order dated 24.12.1975 was required to
      be registered as the compromise was in consequence of revenue
      proceeding and not by a competent Court. Since the DC’s order was
      based on the compromise which also dealt with 6 Kanals land forming
C     part of Survey Nos.1829 and 1838 which was declared in favour of the
      tenant Jalil Khan, it is argued by Mr. Ahmadi that since the suit of the
      plaintiff is not restricted only to the 11 Kanals and 15 Marlas claimed by
      him, the DC’s order endorsing the compromise would require registration,
      in order to legally recognize plaintiff’s title, on the strength of these two
D     documents.
             16.5 According to the appellants, the DC’s order is of no legal
      effect as the same was passed while the 1972 Act was under suspension
      and during that period the authority lacked jurisdiction to exercise powers
      under the 1972 Act. The 1972 Act remained under suspension during
E     25.3.1975 to 30.3.1976 and it is during this phase, the 18.12.1975
      compromise was re-recorded. As such the compromise and the DC’s
      24.12.1975 order were at a time when the suspended Act was operating.
      Therefore, it is argued that the DC/Collector lacked jurisdiction and
      authority to entertain the appeal. In such a situation, the consent of the
      parties to the lis can have no implication as the Authority lacked
F     jurisdiction by virtue of suspension of the 1972 Act. In support of his
      contention Mr. Ahmadi, learned Senior Counsel relied on Ajudh Raj v.
      Moti 4,
                      “5. The principle for deciding the question of limitation
               in a suit filed after an adverse order under a Special Act is
G              well settled. If the order impugned in the suit is such that it
               has to be set aside before any relief can be granted to the
               plaintiff the provisions of Article 100 will be attracted and if
               no particular article of the Limitation Act is applicable the
               suit must be governed by the residuary Article 113, prescribing
H     4
          (1991) 3 SCC 136
         S. KULDEEP SINGH & ANR. v. S. PRITHPAL SINGH                         113
                     [HRISHIKESH ROY, J.]

         a period of three years. Therefore, in a suit for title to an        A
         immovable property which has been the subject matter of a
         proceeding under a Special Act if an adverse order comes in
         the way of the success of the plaintiff, he must get it cleared
         before proceeding further. On the other hand if the order has
         been passed without jurisdiction, the same can be ignored as
                                                                              B
         nullity, that is, non-existent in the eye of law and it is not
         necessary to set it aside; and such a suit will be covered by
         Article 65. In the present case the controversial facts have
         been decided in favour of the plaintiff-appellant and the
         findings were not challenged before the High Court. The
         position, thus, is that the plaintiff was the owner in cultivating   C
         possession of the land and the defendant Moti was merely a
         labourer without any right of a tenant or a sub-tenant. The
         question is as to whether in this background it is necessary to
         set aside the order passed in favour of the respondent under
         Section 27(4) of the Act before the suit can be decreed or
                                                                              D
         whether the plaintiff can get a decree ignoring the said order
         as void, in which case the suit undoubtedly will be governed
         by Article 65.”
      The learned senior counsel further relied on Mohammad Ansari
v. Union of India & Ors5.,
                                                                              E
                “35. At this stage, it is necessary to recapitulate that
         during the pendency of the matter before the High Court, the
         Central Administrative Tribunal had passed the final order
         on 5-11-2012 in favour of the appellant. Be that as it may,
         the Tribunal does not have the jurisdiction to deal with an
         issue of upgradation or the nature of lis raised by the appellant    F
         before it. In the absence of lack of inherent jurisdiction to
         deal with the issue, the said judgment is a nullity. It has no
         existence in law. It is well settled in law that the judgment
         passed is a nullity if it is passed by a court having no inherent
         jurisdiction. The decree to be called a nullity is to be             G
         understood in the sense that it is ultra vires the powers of the
         court passing the decree and not merely voidable decree.
         (See Hiralal Moolchand Doshi v. Barot Raman Lal

5
    (2017) 3 SCC 740                                                          H
114             SUPREME COURT REPORTS                            [2022] 13 S.C.R.


A            Ranchhoddas [Hiralal Moolchand Doshi v. Barot Raman Lal
             Ranchhoddas, (1993) 2 SCC 458].”
              16.6 The appellants next contend that the subject matter of the
      compromise is Orchard land which, under Section 2(4) of the 1972 Act,
      stood excluded from the definition of land and therefore neither the tenant
B     Jalil Khan nor the plaintiff, could claim any title over such Orchard land.
      It is therefore argued that the 1972 Act did not allow for any private
      agreements in furtherance of which, any compromise could be entered.
             16.7 On the finding against the defendants that they had not
      challenged the compromise and therefore the rights over the land for the
C     plaintiff stood crystalized is contended to be an untenable position of
      law. The decree according to the appellants is a legal nullity as the authority
      lacked jurisdiction to pass any such order. It is therefore argued that the
      same can be set aside even in collateral proceedings and the compromise
      would not obliterate any lawful right of the landowner Sucha Singh, over
      his own land.
D
             17.1 Per contra, Mr. S.N. Bhat, the learned Senior Counsel for
      the respondent (plaintiff) would firstly submit that since the appeal arises
      out of the concurrent findings of three courts which decreed the suit
      declaring title and possession in favour of the plaintiff, this Court in
      exercising power under Article 136, should not upset those findings.
E     Furthermore, in the facts of the present case, this Court should not
      interfere. It is submitted that the respondent as adopted son would get
      only 11 Kanals & 15 Marlas. (The appellant has a case that respondent
      had other properties). This in turn is disputed by the respondent.
               17.2 According to the respondent, the right over the land in question
F     is declared on the basis of the 18.12.1975 compromise and the DC’s
      endorsement and since Sucha Singh the landowner had appended his
      thumb impression on the compromise, the ownership of the plaintiff is
      acknowledged. Thus, plaintiff’s title was rightly protected by the courts.
      According to Mr. Bhat, the parties to the transaction clearly understood
G     the purport of the compromise and as such confusion must not be created
      on the issue by adverting to the definition of “owner” under the 1972
      Act. It is further submitted that the Sucha Singh by making his endorsement
      on the compromise obviously intended to give and recognize the right of
      the plaintiff over the subject land and his act cannot be seen through the
      definition of “owner” under the 1972 Act.
H
      S. KULDEEP SINGH & ANR. v. S. PRITHPAL SINGH                               115
                  [HRISHIKESH ROY, J.]

       17.3 On the issue of DC’s order dated 24.12.1975 being non est            A
and void for having been passed during the operation of Suspension
Act, 1975, the respondent argues that such a contention was raised for
the first time in the LPA before the Division Bench of the High Court
and since that issue was not raised by the defendants either before the
Trial Court or the First Appellate Court, the Division Bench rightly held
                                                                                 B
that the appellants are disentitled to raise such contention. It is further
pointed out that the Suspension Act, 1975 did not suspend all proceedings
under the 1972 Act in its entirety and certain proceedings were kept
alive under Section 4 of the Suspension Act, 1975. Therefore, unless
the exact nature of the proceedings initiated before the Circle Officer is
brought forth, it cannot be said that Suspended Act, 1975 applies to the         C
compromise and the proceedings before the Deputy Commissioner. Since
great prejudice was caused to the respondent-plaintiff by permitting the
appellants to raise such contention for the first time in the LPA
proceedings, Mr. Bhat, learned senior counsel places reliance on Sitabai
& Anr. v. Ramachandra6 and Om Prakash & Ors. v. R.K. Kalra7.
                                                                                 D
       17.4 The plea of estoppel against the appellants is also pressed
home by the senior counsel by projecting that the admission of ownership
of the respondent-plaintiff was made by Sucha Singh in the compromise
and the same being accepted by the DC, the appellants as the legal heirs
of Sucha Singh are estopped from raising such contention.
                                                                                 E
       17.5 According to Mr. Bhat, the appellants are wrong in saying
that the compromise and the DC’s order would require registration. The
counsel further argues that the transaction is essentially within the family
of Sucha Singh and the respondent herein being the adopted son of Sucha
Singh, the transaction should be construed as a family transaction, and it
would be an exception to the principles governing transaction amongst            F
strangers. Therefore, placing reliance on Kale and others vs. Deputy
Director of Consolidation and others8, Ram Charan Das vs. Girija
Nandini Devi and others9, Maturi Pullaiah and another vs. Maturi
Narasimham and others10, Mr. Bhat argues that the principles of estoppel
and equity will apply against the appellant on their insistence of formalities   G

6
  AIR 1970 343
7
  (1988) 4 SCC 705
8
  (1976) 3 SCC 119
9
  AIR 1966 SC 323
10
   AIR 1966 SC 1836                                                              H
116             SUPREME COURT REPORTS                          [2022] 13 S.C.R.


A     like registration for what is nothing but a family arrangement. In order to
      explain the principles of estoppel in transactions involving families, Mr.
      Bhat relies on K. C. Kappor vs. Smt. Radhika Devi (dead) by Lrs.
      and others 11 , Mehaboob Sahab vs. Syed Ismail and others 12 ,
      Bhagwan Krishan Gupta (d) vs. Prabha Gupta and others 13 ,
      Ganeshi (Dead) Through Lrs. and others vs. Ashok and Another14
B
      and Ajambi (Dead) by legal representative vs. Roshanbi and others 15.
                                      Findings
             A. Whether the compromise dated 18.12.1975 confers title?
             18. In order to adjudicate the above issue, we need to look at the
C     compromise in its intent and functioning. The compromise between the
      Plaintiff and Abdul Jalil Khan (tenant) was recorded in a proceeding for
      correction of revenue records under the 1972 Act and the Rules. There,
      the Plaintiff was admitted to be the owner and in possession of land
      which he personally cultivated. Sucha Singh with his thumb impression
D     endorsed the compromise deed. On this the defendants have contended
      that the said statement has to be read in the context in which it was
      made and how the parties to the transaction understood the same. The
      plaintiff says that his adoptive father Sucha Singh intended to confer title
      on the Plaintiff and Sucha Singh would not have looked into the definition
      of “owner” under the 1972 Act, before making the endorsement on the
E     compromise. On this, it cannot be ignored that the parties effectuated
      the transaction in a proceeding under the 1972 Act. Thus, the compromise
      exists within the four corners of the 1972 Act, and must therefore be
      read by applying the statutory provisions.
             19. Proceeding further, the definitions of ‘owner’ and ‘personal
F     cultivation’ under Ss. 2(6) and (7) respectively of the 1972 Act are
      expansive. The definition of owner is an inclusive one. It includes not
      only the legal owner/proprietor, but also person claiming through the
      legal owner. Specifically, the ‘adopted sons’ of the owner. Hence, the
      purpose of the compromise decree in the correction proceedings under
G     Chapter III of the Rules pertain only to revenue entries, and the

      11
         (1981) 4 SCC 487
      12
         (1995) 3 SCC 693
      13
         (2009) 11 SCC 33
      14
         (2011) 15 SCC 417
      15
H        (2017) 11 SCC 544
      S. KULDEEP SINGH & ANR. v. S. PRITHPAL SINGH                                117
                  [HRISHIKESH ROY, J.]

possession of land in capacity of a personal cultivator. This could hardly        A
confer any lawful title on the plaintiff over Sucha Singh’s land.
        20. The power under the 1973 Rules confers limited power to the
circle officer’s and it is confined to verifying, amending, and authenticating
revenue records as they existed on the cutoff date i.e., 1st September,
1971. Thus, it is clear that a mere affirmation in the context of revenue         B
records and personal cultivation rights cannot be interpreted as an
intention of Sucha Singh to confer title upon the Plaintiff. With his
endorsement on the compromise, Sucha Singh perhaps intended to give
the right of personal cultivation but the same does not in any manner
suggest that Sucha Singh had intended to confer title on the plaintiff.
                                                                                  C
       21. It is also important to note that Plaintiff in his own testimony
(led before Trial Court, and recorded in the Trial Court judgment) had
stated that Sucha Singh prepared “orchards”. Albeit, by using the salary
of Plaintiff. The land is therefore of the orchard category. In this situation,
the land which is the subject matter of the Compromise being an Orchard
stood excluded from the definition of land under S. 2(4) of the 1972 Act.         D
As such, the title for such category of land could not vest with the Plaintiff.
This determination of fact is essential to adjudicate the title and the issue
was definitely raised in the LPA proceeding before the High Court, apart
from being raised in the lower court also. In such a situation this Court is
required to keep the ‘orchard’ aspect in mind and also address the                E
implication of the same on the contesting parties. The upshot of the
above persuade us to hold that the compromise (18.12.1975) does not
convey any lawful title on the Plaintiff.
       B. Did the compromise require registration?
       22. It is contended by the defendants that the compromise did not          F
comply with Section 17 of the Registration Act, 1977 which mandates
compulsory registration, and without a registered document, no title or
claim or possession can fructify. On the other hand, Plaintiff has argued
that the transaction is essentially within the family of Sucha Singh since
plaintiff is the adopted son of Sucha Singh. The transaction of the present       G
nature belongs to a different class, and thus, the normal principles
governing transaction among strangers, do not apply to this class of
transactions.
      23. We are however unable to see the compromise as a kind of
‘family arrangement’. The compromise was not amongst family members
                                                                                  H
118             SUPREME COURT REPORTS                          [2022] 13 S.C.R.


A     but between the plaintiff and the tenant – Jalil Khan (not a family member).
      The statement of Sucha Singh “I accept the compromise”, is only with
      regard to the internal arrangement regarding the tenancy of Jalil Khan,
      and this will not make it a family arrangement. Moreover, the plea that
      compromise is a “Family Arrangement” is raised for the first time before
      this Court. The Plaintiff significantly had waived his claim to other assets
B
      left by Sucha Singh (on the basis that the Plaintiff is his adopted son),
      before the High Court. He cannot therefore be permitted to raise such a
      contention for the first time before this Court. Even otherwise, Jalil Khan
      was not a family member. Thus, he could not have been a party to a so
      called “family arrangement”. Besides, none of the other family members
C     were parties to the said compromise either. Therefore, the documents
      in question would require registration and it cannot be treated as a family
      arrangement.
             24. It is pertinent to note that the ownership claim for the plaintiff
      is founded only on the compromise and the respondent is not claiming
D     any antecedent title. The issue whether the compromise decree between
      parties to a suit proceeding, could vest or transfer title to one of them,
      was decided in Bhoop Singh v. Ram Singh Major [supra], where the
      requirement of registration of such compromise order which create new
      rights, title, or interest, was upheld in the following manner: -
E           “18. The legal position qua clause (vi) can, on the basis of
            the aforesaid discussion, be summarised as below:
            (1) Compromise decree if bona fide, in the sense that the
            compromise is not a device to obviate payment of stamp duty
            and frustrate the law relating to registration, would not require
F           registration. In a converse situation, it would require
            registration.
            (2) If the compromise decree were to create for the first
            time right, title or interest in immovable property of the value
            of Rs 100 or upwards in favour of any party to the suit the
G           decree or order would require registration.
            (3) If the decree were not to attract any of the clauses of sub-
            section (1) of Section 17, as was the position in the aforesaid
            Privy Council and this Court’s cases, it is apparent that the
            decree would not require registration.
H
         S. KULDEEP SINGH & ANR. v. S. PRITHPAL SINGH                           119
                     [HRISHIKESH ROY, J.]

         (4) If the decree were not to embody the terms of compromise,          A
         as was the position in Lahore case, benefit from the terms of
         compromise cannot be derived, even if a suit were to be
         disposed of because of the compromise in question.
         (5) If the property dealt with by the decree be not the “subject-
         matter of the suit or proceeding”, clause (vi) of sub-section          B
         (2) would not operate, because of the amendment of this clause
         by Act 21 of 1929, which has its origin in the aforesaid
         decision of the Privy Council, according to which the original
         clause would have been attracted, even if it were to encompass
         property not litigated.”
                                                                                C
       25. Further, in K. Raghundandan & Ors. vs. Ali Hussain Sabir
& Ors. [supra], while referring to Bhoop Singh [supra], the Court
held that consent terms creating rights/title or interest for the first time,
as distinguished from recognition of a right, would require registration if
the value of property is above Rs. 100. This was affirmed by a three
Judges bench in Phool Patti vs. Ram Singh [supra]. Lastly, in                   D
Ripudaman Singh vs. Tikka Maheshwar Chand16, this Court held
that where there is no pre-existing right, but right has been created by
the compromise alone, such compromise creating new right, title or
interest in immovable property of value of Rs. 100 or above, is compulsorily
registrable.                                                                    E
        26. In the present case, the Appeal filed by the tenant – Jalil Khan
arose from the change of the entry in the records during the process of
verification under the 1972 Act. It was in this Appeal that the compromise
was recorded and endorsed by the DC’s Order, recognizing the
possession of the Plaintiff for the very first time, as was also admitted       F
by plaintiff in paragraph 6 of the Suit. In circumstances of this kind, we
are quite certain that the compromise was required to be registered,
under Section 49 of the Registration Act, 1977 and also under Section
138 of the J&K Transfer of Property Act. Without such registration no
title can fructify for the plaintiff from the documents in question.
                                                                                G
      27. Furthermore, the compromise and the DC’s consequent Order,
was passed in a revenue proceeding and this was definitely not a part of
a Court proceeding. That being the case, the compromise did not fall
under the exception category under Section 17(2)(vi) of Registration
16
     (2021) 7 SCC 446                                                           H
120             SUPREME COURT REPORTS                          [2022] 13 S.C.R.


A     Act, 1977 (as applicable to then State of J&K). The above makes it
      abundantly clear that the compromise in order to have legal effect needed
      registration under the Registration Act, 1977.
             28. Significantly, the DC’s 24.12.1975 order based on the
      Compromise, also dealt with 6 Kanals land forming part of Survey No.
B     1829 & 1838 which went to the ownership of the tenant - Jalil Khan.
      The subject compromise or the DC’s order was not restricted only to 11
      Kanals and 15 Marlas as claimed by the Plaintiff. These circumstances
      would imply that the compromise required registration for it to be of any
      legal effect. Since title is claimed, and the plaintiff founded his entire
      case on the compromise, it would necessarily require registration.
C     Accordingly, question B is answered in affirmative.
            29. The defendants have also unsuccessfully argued before the
      High Court that the jurisdiction of the Deputy Commissioner to exercise
      powers under the J&K Agrarian Reforms Act, 1972 stood suspended
      on the date of passing the Compromise Decree. Such a question of law
D     has a material bearing on this litigation and the same needs to be
      considered. The 1972 Act as noted earlier, was suspended during
      25.03.1975 to 30.03.1976 and during this period the Compromise was
      recorded on 18.12.1975 and the 24.12.1975 Order was passed by the
      DC. The power exercised for these orders are traceable to the suspended
E     provisions of the Act. Of course, the J&K Agrarian Reforms
      (Suspension of Operations) Act, 1975 did have a proviso which created
      exceptions for certain sections of the 1972 Act. The relevant part of the
      proviso reads thus;
            “4. Certain provisions of Act No. XXCI not suspended for the
F           time being- (1) The provisions of Sections 15, 25, 26, 27, 28,
            and 51 and the provisions of Chapter V of the principal Act
            in so far as they relate to these sections and any rules,
            notifications, orders and instructions issued thereunder
            including any proceedings instituted or actions taken under
            the said provisions and pending on the date of commencement
G           of this Act, shall be continued and enforced as heretofore:…”
             30. The above makes it clear that this case is outside the ambit of
      any of the exempted sections such as Section 15 (Prohibition on transfer
      of land), 25 (levy of annual tax), 27 (collection of tax), 28 (Determination
      of ques-levy of tax related), 51 (repeal & savings) of the 1972 Act. Only
H
       S. KULDEEP SINGH & ANR. v. S. PRITHPAL SINGH                            121
                   [HRISHIKESH ROY, J.]

such provisions of Chapter V which were relatable to the aforesaid             A
provisions were relevant, and not all sections were within the ambit of
exception. Section 31 of the 1972 Act which provided for Appeals and
Revisions, was not protected by Section 4 of the Suspension Act, 1975.
Thus, the DC, in our mind lacked inherent jurisdiction to either entertain
the appeal or endorse the compromise during the suspended phase. In
                                                                               B
cases where the authority lacked jurisdiction under a special Act and yet
exercises powers, without authority of law, any order or decree so passed
through such unlawful exercise of power, will be a legal nullity. The
deficiency of jurisdiction of the authority cannot be cured by the consent
of the parties. The challenge to such an incompetent order could be set
up wherever it is sought to be enforced or relied upon, even in execution      C
or in collateral proceedings17. Accordingly answering in favour of the
defendants, the DC’s order in our opinion can have no legal effect as the
same was passed during the operation of Suspension Act, 1975. We
have found that the compromise being unregistered cannot confer title
on the respondent.
                                                                               D
        31. The final issue for our consideration is whether estoppel
principle would apply against the defendants in their challenge to DCs
order. Equity as we know follows the law, and whenever there is a
conflict between law and equity, it is the law which must prevail. Here
the Latin maxim “dura lex sed lex”, which means “the law is hard, but it
is the law” would apply. Equity can only supplement the law, but it cannot     E
supplant or override it18, and this would have a bearing against the
respondent.
       32. The records in the case show that Sucha Singh, during his life
time, had cancelled the two Wills in favour of the plaintiff. This indicates
that Sucha Singh was not interested to give any part of his property to        F
the plaintiff. Even otherwise, the suit property is self-acquired property
of Sucha Singh, and a donee cannot claim equity in respect of the disposal
of self-acquired properties, by a donor. Equity is all about balancing the
competing interests and due weightage must be given to the fact that the
appellants have been in possession and was nurturing their father’s land       G
for over four decades and the estoppel principle propounded against
them by the respondent must give way to the law set out by the statute19.

17
   (1991) 3 SCC 136, Para. 5 | (2017) 3 SCC 740, Para. 35
18
   (2007) 2 SCC 230, Para. 29
19
   (2021) 3 SCC 401                                                            H
122                SUPREME COURT REPORTS                    [2022] 13 S.C.R.


A            33. Notwithstanding the concurrent finding against them, in a case
      like this, where the law leans in appellant’s favour, the Court has to
      exercise corrective jurisdiction as the circumstances justify. As such,
      taking a cue from Haryana State Industrial Development Corporation
      vs. Cork Manufacturing Co20., the exercise of extraordinary jurisdiction
      under Article 136 is found to be merited in this matter.
B
             34. Proceeding accordingly, the decree in favour of the respondent
      (Plaintiff) in respect of the land measuring 11 Kanals and 15 Marlas
      falling within the survey nos.1829 and 1838 situated at Ranbirpora,
      Anantnag, are set aside. The Appeal stands allowed by leaving the parties
      to bear their own cost.
C

      Ankit Gyan                                                 Appeal allowed.
      (Assisted by : Aarsh Choudhary, LCRA)



D




E




F




G




      20
H          (2007) 8 SCC 120


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