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Supreme Court of India

THE STATE OF HARYANA & ANR.versusAMIN LAL (SINCE DECEASED) THROUGH HIS LRS & ORS.

Citation
2024 INSC 875
Decided
19 November 2024
Disposal
Dismissed

Holding

The High Court was correct in setting aside the First Appellate Court’s judgment and restoring the trial court decree because the State cannot acquire title by adverse possession and the burden of proof lay on the State, which failed to prove such possession.

Summary

The plaintiffs, heirs of Amin Lal, sued the State of Haryana and the Public Works Department for possession of land on the basis of revenue records, sale deeds and mutation entries. The trial court ruled in favour of the plaintiffs, holding that the State had not proved adverse possession. The State appealed and the first appellate court dismissed the suit, finding the plaintiffs had not established title and that the State’s long possession amounted to adverse possession. On second appeal, the High Court set aside that judgment, holding that by pleading adverse possession the State implicitly admitted the plaintiffs’ title, that the State cannot acquire private property by adverse possession, and that the burden of proof rested on the State. The Supreme Court affirmed the High Court, dismissing the State’s appeal and restoring the trial court decree.

Issues considered

  • Whether the State can invoke the doctrine of adverse possession against its own citizens and whether such a plea implies admission of the plaintiff's title
  • Whether the burden of proof in a suit for possession shifts to the defendant when the defendant relies on adverse possession without specifically denying the plaintiff's title
  • Whether revenue records and registered sale deeds are admissible evidence to establish ownership
  • Whether the High Court exceeded its jurisdiction under Section 100 of the Code of Civil Procedure by reappreciating evidence

Legislation cited

Headnote

Issue for Consideration Respondents/Plaintiffs had filed a suit for possession of the suit property against the Appellants/Defendants, i.e. State of Haryana and Public Works Department. The Trial Court decreed the suit in favour of the Respondents and held that defendants that they had become owners by adverse possession. Aggrieved by the Trial Court's decision, the defendants filed an appeal before the District Judge, which allowed the appeal and dismissed the suit, inter alia, on the ground that the plaintiff failed to prove their ownership to the land. In

Subjects

Suit for possessionProof of ownershipRevenue recordsAdmissible evidenceOrder VIII Rule 5 of the Code of Civil Procedure, 1908Section 35 of the Evidence Act, 1872Shifting of burden of proofAdverse possession by StatePublic trustSection 100 of the Code of Civil ProcedureJurisdiction of second appellate court

Judgment

                [2024] 11 S.C.R. 1257 : 2024 INSC 875

                  The State of Haryana & Anr.
                               v.
       Amin Lal (Since Deceased) Through His Lrs & Ors.
                      (Civil Appeal No. 12551 of 2024 )
                              19 November 2024
            [Vikram Nath* and Prasanna B. Varale, JJ.]


                            Issue for Consideration
       Respondents/Plaintiffs had filed a suit for possession of the suit
       property against the Appellants/Defendants, i.e. State of Haryana
       and Public Works Department. The Trial Court decreed the suit
       in favour of the Respondents and held that defendants had failed
       to prove that they had become owners by adverse possession.
       Aggrieved by the Trial Court's decision, the defendants filed an
       appeal before the District Judge, which allowed the appeal and
       dismissed the suit, inter alia, on the ground that the plaintiff
       failed to prove their ownership to the land. In second appeal, the
       Hon’ble High Court set aside the order of the First Appellate Court
       and restored the decree passed by the Trial Court. Whether the
       High Court was correct in setting aside the judgment of the First
       Appellate Court and restoring the decree passed by the Trial Court
       in favour of the respondents/plaintiffs in the suit for possession of
       land against the appellants/defendants.

                                   Headnotes†
       Ownership of Plaintiffs over the Suit Property – Not specifically
       denied:
       Held: In their written statement before the Trial Court, the
       appellants did not specifically deny the plaintiffs' ownership of
       the suit property – Instead, they primarily relied on the plea of
       adverse possession – Under Order VIII Rule 5 of the Code of
       Civil Procedure, 1908, allegations of fact not denied specifically
       are deemed to be admitted – By asserting adverse possession,
       the appellants have impliedly admitted the plaintiffs' title. [Para 8]

       Relevance of Revenue Records as evidence in title dispute:
       Held: The jamabandi for the year 1969-70 records the name of Shri
       Amin Lal as owner to the extent of half share – Revenue records are
       public documents maintained by government officials in the regular
* Author
1258                                                         [2024] 11 S.C.R.

                     Digital Supreme Court Reports


    course of duties and carry a presumption of correctness under Section
    35 of the Indian Evidence Act, 1872 – While it is true that revenue
    entries do not by themselves confer title, they are admissible as
    evidence of possession and can support a claim of ownership when
    corroborated by other evidence – Further, Registered sale deeds and
    mutation records produced by the Respondents establish a chain
    of title and cannot be ignored – The plaintiffs have established their
    ownership of the suit property. [Paras 8 and 15]

    Burden of Proof to establish title – Shifting of:
    Held: The appellants failed to deny the plaintiffs' title specifically
    and instead relied on adverse possession, the burden has shifted
    to the appellants to prove their adverse possession – In the present
    case, the plaintiffs have sought possession based on their title,
    which they have established through documentary evidence – The
    First Appellate Court erroneously placed the burden of proving
    ownership on the plaintiffs, despite the defendants' admission of
    their title by pleading adverse possession – The court disregarded
    the jamabandi entries and other revenue records without valid
    justification. [Paras 9 and 14]

    Adverse Possession by State against a Citizen:
    Held: It is a fundamental principle that the State cannot claim
    adverse possession over the property of its own citizens – In
    Vidya Devi v. State of H.P ((2020) 2 SCC 569), this Court
    emphatically held that the State cannot be permitted to take the
    plea of adverse possession – Allowing the State to appropriate
    private property through adverse possession would undermine
    the constitutional rights of citizens and erode public trust in the
    government. [Paras 10, 11 and 15]

    Adverse Possession – Constituents:
    Held: The appellants' possession, as evidenced by the Misal
    Hakiyat of 1879-80, was permissive and conditional – Such
    permissive possession cannot be the basis for a claim of adverse
    possession – The acts relied upon by the appellants such as placing
    bitumen drums, erecting temporary structures, and constructing
    a boundary wall in 1980 do not constitute adverse possession –
    Adverse possession requires possession that is continuous, open,
    peaceful, and hostile to the true owner for the statutory period – In
    this case, the appellants' possession lacks the element of hostility
    and the requisite duration. [Paras 11 and 12]
[2024] 11 S.C.R.                                                             1259

                     The State of Haryana & Anr. v.
           Amin Lal (Since Deceased) Through His Lrs & Ors.

     Jurisdiction under Section 100 of the Code of Civil Procedure,
     1908:
     Held: Appellants’ contention that the High Court overstepped its
     jurisdiction under Section 100 of the Code of Civil Procedure by
     reappreciating evidence and interfering with findings of fact has
     no legs to stand – The High Court found that the First Appellate
     Court had ignored material evidence and legal principles,
     leading to a perverse judgment – Therefore, the High Court was
     justified in exercising its jurisdiction under Section 100 of the
     Code of Civil Procedure – The High Court's judgment is based
     on sound legal principles and correct appreciation of evidence.
     [Paras 13 and 15]

                              Case Law Cited
     Vidya Devi v. State of H.P [2020] 1 SCR 749 : (2020) 2 SCC
     569 – relied on.

                                 List of Acts
     Code of Civil Procedure, 1908; Evidence Act, 1872

                              List of Keywords
     Suit for possession; Proof of ownership; Revenue records;
     Admissible evidence; Order VIII Rule 5 of the Code of Civil Procedure,
     1908; Section 35 of the Evidence Act, 1872; Shifting of burden of
     proof; Adverse possession by State; Public trust; Section 100 of
     the Code of Civil Procedure; Jurisdiction of second appellate court.

                             Case Arising From
     CIVIL APPELLATE JURISDICTION : Civil Appeal No. 12551 of 2024
     From the Judgment and Order dated 31.01.2019 of the High Court
     of Punjab & Haryana at Chandigarh in RSA No. 3818 of 1987

                         Appearances for Parties
     Vikramjit Banarjee, A.S.G., Dr. Hemant Gupta, A.A.G., Samar Vijay
     Singh, Shivang Jain, Varun Goel, Ms. Nitikaa Guptha, Saurabh
     Gupta, Fateh Singh, Advs. for the Appellants.
     Santosh Paul, Sr. Adv., Sriharsh Nahush Bundela, Amaan Khan,
     Satyendra Kumar, Advs. for the Respondents.
1260                                                     [2024] 11 S.C.R.

                      Digital Supreme Court Reports


               Judgment / Order of the Supreme Court

                               Judgment

     Vikram Nath, J.

1.   Leave granted.
2.   The present appeal arises from the judgment and order dated 31st
     January 2019 passed by the High Court of Punjab & Haryana at
     Chandigarh in RSA No. 3818 of 1987. The High Court allowed the
     regular second appeal filed by the respondents herein (original
     plaintiffs), setting aside the judgment of the First Appellate Court
     and restoring the decree passed by the Trial Court in favour of the
     plaintiffs. Aggrieved by the High Court’s decision, the appellants
     (original defendants), namely the State of Haryana and the Public
     Works Department (PWD), have preferred this appeal.
3.   The facts of the case leading up to the present appeal are as follows:
     3.1. The dispute pertains to a piece of land measuring 18 Biswas
          Pukhta comprised in Khasra No. 2348 (0-10 Biswas) and
          Khasra No. 2458 (0-8 Biswas), situated within the revenue
          estate of Bahadurgarh, Haryana. The land is located on both
          sides of National Highway No. 10, which connects Delhi and
          Bahadurgarh.
     3.2. On 28th March 1981, the original plaintiffs, namely, Shri Amin
          Lal and Shri Ashok Kumar, filed a suit for possession of the suit
          property before the Court of Sub-Judge 1st Class, Bahadurgarh.
          They claimed ownership of the land based on revenue records
          and alleged that the defendants had unauthorizedly occupied the
          land approximately three and a half years prior to the filing of
          the suit. The plaintiffs contended that despite repeated requests
          and a legal notice served under Section 80 of the Code of Civil
          Procedure, 1908, the defendants failed to vacate the land.
     3.3. The defendants, the State of Haryana and PWD, contested
          the suit by filing a written statement dated 17th September,
          1985. They raised preliminary objections, asserting that they
          had been in continuous and uninterrupted possession of the
          suit land since 1879-80. They claimed that their possession
          was open, hostile, and adverse to the plaintiffs, and as such,
[2024] 11 S.C.R.                                                        1261

                     The State of Haryana & Anr. v.
           Amin Lal (Since Deceased) Through His Lrs & Ors.

          they had become owners by way of adverse possession. The
          defendants also contended that the land had been used as a
          store by the PWD and its predecessor entities, including the
          District Board and Zila Parishad, for over a century.
     3.4. Based on the pleadings, the Trial Court framed the following
          main issues:
                “A.   Whether the State of Haryana has become
                      owner of the suit land by way of adverse
                      possession?
                B.    Whether the plaintiffs have no locus standi to
                      file the present suit?”
     3.5. The plaintiffs examined seven witnesses and produced revenue
          records, including copies of jamabandis (Exhibits P1 to P9).
          The defendants examined ten witnesses and produced various
          documents, including revenue records dating back to 1879-80
          (Exhibits D1 to D22).
     3.6. On 2nd May 1986, the Trial Court decreed the suit in favour
          of the plaintiffs. It held that the defendants had failed to prove
          that they had become owners by adverse possession. Mere
          placement of bitumen drums and construction of a boundary wall
          in 1980 did not constitute adverse possession. The plaintiffs had
          locus standi to file the suit, as they were recorded as owners
          in the jamabandis. The defendants’ possession, if any, was
          permissive and not hostile.
     3.7. Aggrieved by the Trial Court’s decision, the defendants filed an
          appeal before the District Judge, Rohtak. The First Appellate
          Court, after reappreciating the evidence, allowed the appeal
          on 8th October 1987 and dismissed the plaintiffs’ suit. The
          Appellate Court held that:
          •     The plaintiffs failed to prove their ownership, as they did not
                produce the sale deeds or mutation records establishing
                their title.
          •     The jamabandi entries in favor of the plaintiffs were doubtful
                and appeared to be manipulated.
          •     The defendants and their predecessors had been in
                continuous possession of the suit land since 1879-80.
1262                                                     [2024] 11 S.C.R.

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          •    The defendants’ possession was open, continuous,
               and adverse, thereby perfecting their title by adverse
               possession.
          •    The plaintiffs were attempting to grab the land by
               manipulating revenue records.
     3.8. The plaintiffs filed RSA No. 3818 of 1987 before the High Court
          of Punjab and Haryana, challenging the judgment of the First
          Appellate Court. The High Court framed the following substantial
          questions of law:
               “I.   Whether the State can set up the plea of adverse
                     possession, and does it imply admitting the title
                     of the plaintiffs?
               II.   Whether the judgment and decree of the
                     Lower Appellate Court suffer from illegality and
                     perversity?”
          The High Court allowed the appeal, holding that:
          •    By taking the plea of adverse possession, the defendants
               impliedly admitted the title of the plaintiffs.
          •    The State cannot claim title through adverse possession
               against its own citizens.
          •    The defendants failed to specifically deny the plaintiffs’
               title as required under Order 8 Rule 5 of the Code of Civil
               Procedure.
          •    The possession of the defendants was permissive, as
               evidenced by the Misal Hakiyat of 1879-80.
          •    The First Appellate Court erred in shifting the burden
               of proof onto the plaintiffs and in not appreciating the
               evidence correctly.
     3.9. Aggrieved by the High Court’s judgment, the defendants (now
          appellants) have approached this Court.
4.   We have heard Shri Vikramjeet Banerjee, learned Additional Solicitor
     General for the Appellants and Shri Santosh Paul, learned Senior
     Counsel for the Respondents.
[2024] 11 S.C.R.                                                         1263

                      The State of Haryana & Anr. v.
            Amin Lal (Since Deceased) Through His Lrs & Ors.

5.   Mr. Vikramjeet Banerjee, learned A.S.G, appearing on behalf of the
     appellant the State of Haryana and its authorities, has argued that
     the High Court erred in overturning the well-reasoned judgment of
     the First Appellate Court, which had dismissed the plaintiffs’ suit.
     The gist of his arguments is as follows:
     (i).   Plaintiffs’ Failure to Prove Title: The appellants assert that the
            plaintiffs did not produce any substantive evidence to establish
            their ownership of the suit property. Despite opportunities provided
            by the Trial Court and the First Appellate Court, the plaintiffs
            failed to present any sale deeds or title documents. Mere reliance
            on jamabandi (revenue records) is insufficient to confer title, as
            revenue entries do not create or extinguish ownership rights.
     (ii). Burden of Proof Misplaced: The appellants further argue
           that the High Court incorrectly shifted the burden of proof onto
           the defendants to establish who the real owner is. In a suit for
           possession, the plaintiff must stand on the strength of their
           own title. The appellants cite precedents to emphasize that
           the weakness of the defendant’s case cannot be a ground for
           granting relief to the plaintiffs.
     (iii). Adverse Possession and Limitation: While acknowledging
            that the State cannot claim adverse possession against a
            private individual, the appellants maintain that they have been
            in continuous, peaceful possession of the suit land since 1879.
            Under Section 110 of the Indian Evidence Act, 1872, such
            possession raises a presumption of ownership in their favor.
            Moreover, the plaintiffs’ suit is barred by limitation under Article
            65 of the Limitation Act, 1963, as they failed to challenge the
            appellants’ possession within the prescribed period.
     (iv). Necessity of Declaratory Relief: The appellants contend
           that the plaintiffs should have filed a suit for declaration of title
           before seeking possession, especially when their ownership
           was in dispute. Without a declaratory decree establishing their
           title, the plaintiffs are not entitled to a decree for possession.
     (v). Conduct of the Plaintiffs: The appellants highlight that the
          First Appellate Court had termed the plaintiffs as “land grabbers”
          who manipulated revenue records to claim ownership. The
          High Court, however, did not address these observations or
          the detailed reasoning provided by the First Appellate Court.
1264                                                       [2024] 11 S.C.R.

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6.   The arguments advanced on behalf of respondents by Shri Santosh
     Paul, learned Senior Advocate are summarized hereunder:
     (i).   Admission of Plaintiffs’ Title by the Defendants: The
            respondents assert that the appellants did not specifically deny
            their ownership of the suit property in their written statement
            before the Trial Court. By taking the plea of adverse possession,
            the appellants implicitly admitted the respondents’ title. Under
            Order VIII Rule 5 of the Code of Civil Procedure, failure to deny
            an allegation of fact amounts to an admission.
     (ii). State Cannot Claim Adverse Possession: The respondents
           argue that the State cannot perfect title over private property
           through adverse possession against its own citizens. Allowing
           such a claim would be contrary to the principles of a welfare
           State and undermine citizens’ constitutional rights.
     (iii). Permissive Possession by the State: The respondents
            contend that the appellants’ possession of the suit land was
            permissive and not adverse. The Misal Hakiyat of 1879-80
            (Exhibit DW10/1) indicates that the State’s possession was
            conditional, described as “Bikhar Bahali Kaza,” meaning till the
            existence of an orchard. Acts such as placing bitumen drums
            or constructing temporary structures do not amount to adverse
            possession. The Trial Court rightly held that such acts do not
            constitute possession sufficient to establish adverse possession.
     (iv). Establishment of Ownership through Revenue Records: The
           respondents have established their ownership through continuous
           entries in the revenue records (jamabandis) from 1904-05 to
           2019-20. Plaintiff No. 1 derived title through a registered sale
           deed dated 5th July 1960, and Plaintiff No. 2 through a sale deed
           dated 12th March 1973. Mutations were duly sanctioned based
           on these sale deeds. Revenue records are records of rights and
           are admissible evidence to prove ownership.
     (v). Burden of Proof Lies on Defendants: Since the appellants did
          not deny the respondents’ title, the burden was on the appellants
          to prove that they had become owners by adverse possession.
          The appellants failed to discharge this burden. The Trial Court
          correctly found that the appellants’ possession, if any, began
          in 1980 and was insufficient to establish adverse possession.
[2024] 11 S.C.R.                                                      1265

                     The State of Haryana & Anr. v.
           Amin Lal (Since Deceased) Through His Lrs & Ors.

7.   Having heard the arguments advanced by both parties and perused
     the records, the core issue before us is whether the High Court was
     correct in setting aside the judgment of the First Appellate Court
     and restoring the decree passed by the Trial Court in favour of the
     respondents (plaintiffs). The appellants challenge the High Court’s
     decision on several grounds, which we shall address in their turn.
8.   The appellants contention that plaintiff failed to prove their title and
     ownership is completely misplaced for the reasons and analysis
     made hereunder:
     8.1 We find this argument unconvincing for several reasons: In their
         written statement before the Trial Court, the appellants did not
         specifically deny the plaintiffs’ ownership of the suit property.
         Instead, they primarily relied on the plea of adverse possession.
         Under Order VIII Rule 5 of the Code of Civil Procedure, 1908,
         allegations of fact not denied specifically are deemed to be
         admitted. By asserting adverse possession, the appellants have
         impliedly admitted the plaintiffs’ title.
     8.2 The plaintiffs relied on jamabandi entries to establish their
         ownership. The jamabandi for the year 1969-70 (Exhibit P1)
         records the name of Shri Amin Lal as owner to the extent of
         half share. Revenue records are public documents maintained
         by government officials in the regular course of duties and carry
         a presumption of correctness under Section 35 of the Indian
         Evidence Act, 1872. While it is true that revenue entries do not
         by themselves confer title, they are admissible as evidence
         of possession and can support a claim of ownership when
         corroborated by other evidence.
     8.3 The respondents have produced copies of registered sale
         deeds and mutation records before this Court, which were
         part of the additional documents filed with the counter-affidavit.
         Plaintiff No. 1, Shri Amin Lal, derived title through a registered
         sale deed dated 5th July 1960, and mutation No. 8329 was
         sanctioned on 20th April 1982. Plaintiff No. 2, Shri Ashok
         Kumar, derived his title through a registered sale deed dated
         12th March 1973, and mutation No. 8330 was sanctioned on
         20th April 1982. These documents establish a chain of title
         and cannot be ignored.
1266                                                          [2024] 11 S.C.R.

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      8.4 The appellants did not dispute the plaintiffs’ title in their pleadings
          or during the trial. The First Appellate Court’s finding that the
          plaintiffs are not the true owners is based on conjecture and
          lacks evidentiary support. The appellants cannot now, at this
          appellate stage, challenge the plaintiffs’ ownership without
          having raised a specific denial earlier.
9.    The appellants’ next submission that the burden of proof lay on
      the plaintiffs to establish their title is equally not borne out from the
      records. It is a well-settled principle that in a suit for possession
      based on title, the plaintiffs must establish their ownership. In the
      present case, the plaintiffs have done so by producing revenue
      records and, subsequently, the registered sale deeds and mutation
      entries. Furthermore, as the appellants failed to deny the plaintiffs’
      title specifically and instead relied on adverse possession, the burden
      has shifted to the appellants to prove their adverse possession. In the
      present case, the plaintiffs have sought possession based on their
      title, which they have established through documentary evidence.
10. The appellants claim that due to their long and continuous possession
    of the suit property since 1879-80, they have perfected their title, is
    also not sustainable in law. However, it is a fundamental principle that
    the State cannot claim adverse possession over the property of its
    own citizens. In Vidya Devi v. State of H.P,1 this Court emphatically
    held that the State cannot be permitted to take the plea of adverse
    possession. The relevant paragraphs from this judgement are
    reproduced hereunder:
             “12.9. In a democratic polity governed by the rule of
             law, the State could not have deprived a citizen of their
             property without the sanction of law. Reliance is placed
             on the judgment of this Court in Tukaram Kana Joshi
             v. MIDC [Tukaram Kana Joshi v. MIDC (2013) 1 SCC
             353 : (2013) 1 SCC (Civ) 491] wherein it was held that
             the State must comply with the procedure for acquisition,
             requisition, or any other permissible statutory mode. The
             State being a welfare State governed by the rule of law
             cannot arrogate to itself a status beyond what is provided
             by the Constitution.


1    [2020] 1 SCR 749 : (2020) 2 SCC 569
[2024] 11 S.C.R.                                                         1267

                     The State of Haryana & Anr. v.
           Amin Lal (Since Deceased) Through His Lrs & Ors.

          12.10. This Court in State of Haryana v. Mukesh Kumar
          [State of Haryana v. Mukesh Kumar (2011) 10 SCC 404 :
          (2012) 3 SCC (Civ) 769] held that the right to property is
          now considered to be not only a constitutional or statutory
          right, but also a human right. Human rights have been
          considered in the realm of individual rights such as right to
          shelter, livelihood, health, employment, etc. Human rights
          have gained a multi-faceted dimension.
          12.11. We are surprised by the plea taken by the State
          before the High Court, that since it has been in continuous
          possession of the land for over 42 years, it would
          tantamount to “adverse” possession. The State being
          a welfare State, cannot be permitted to take the plea
          of adverse possession, which allows a trespasser i.e. a
          person guilty of a tort, or even a crime, to gain legal title
          over such property for over 12 years. The State cannot
          be permitted to perfect its title over the land by invoking
          the doctrine of adverse possession to grab the property of
          its own citizens, as has been done in the present case.”
11. Allowing the State to appropriate private property through adverse
    possession would undermine the constitutional rights of citizens
    and erode public trust in the government. Therefore, the appellants’
    plea of adverse possession is untenable in law. The appellants’
    possession, as evidenced by the Misal Hakiyat of 1879-80
    (Exhibit DW10/1), was permissive and conditional. The entry describes
    the possession as “Bikhar Bahali Kaza,” meaning till the existence
    of an orchard. Such permissive possession cannot be the basis for
    a claim of adverse possession.
12. Furthermore, the acts relied upon by the appellants—such as placing
    bitumen drums, erecting temporary structures, and constructing
    a boundary wall in 1980—do not constitute adverse possession.
    Adverse possession requires possession that is continuous, open,
    peaceful, and hostile to the true owner for the statutory period. In
    this case, the appellants’ possession lacks the element of hostility
    and the requisite duration.
13. The appellants last contention that the High Court overstepped its
    jurisdiction under Section 100 of the Code of Civil Procedure by
    reappreciating evidence and interfering with findings of fact also has
1268                                                             [2024] 11 S.C.R.

                         Digital Supreme Court Reports


     no legs to stand. The High Court had framed substantial questions of
     law regarding whether the State can claim adverse possession against
     its own citizens and whether taking the plea of adverse possession
     implies admission of the plaintiffs’ title. These are substantial questions
     of law that justify the High Court’s interference. The High Court
     found that the First Appellate Court had ignored material evidence
     and legal principles, leading to a perverse judgment. Therefore, the
     High Court was justified in exercising its jurisdiction under Section
     100 of the Code of Civil Procedure.
14. The findings of the First Appellate Court’s judgment are flawed for
    various reasons. The court erroneously placed the burden of proving
    ownership on the plaintiffs, despite the defendants’ admission of
    their title by pleading adverse possession. The court disregarded the
    jamabandi entries and other revenue records without valid justification.
    The court’s conclusion that the plaintiffs are “land grabbers” is not
    supported by evidence and appears to be based on conjecture.
    Therefore, the High Court rightly set aside the First Appellate Court’s
    judgment, which suffered from legal infirmities and misappreciation
    of evidence.
15. In view of the above analysis, we find no merit in the appellants’
    contentions. The High Court’s judgment is based on sound legal
    principles and correct appreciation of evidence. The plaintiffs have
    established their ownership of the suit property, and the State cannot
    claim adverse possession against its own citizens.
16. Accordingly, the appeal is dismissed.

     Result of the case: Appeal dismissed.



     †
         Headnotes prepared by: Adeeba Mujahid, Hony. Associate Editor
                                 (Verified by: Abhinav Mukerji, Sr. Adv.)


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