Case: Vasant Balu Patil &amp; Others Vs. Mohan Hirachand Shah &amp; Others

behalf of the villagers. It is additionally urged that some part of the suit land was acquired by the Government under the Land Acquisition Act and the materials on record indicate that possession of such land was handed over by Hirachand Gujjar on behalf of the villagers and compensation for such acquisition was received by Hirachand Gujjar alongwith two other villagers, namely, Nathram and Chaya Nakhawa.9. It is further urged that the plaintiffs’ suits was barred by limitation inasmuch as though the defendants had disputed the title of the plaintiffs to the suit land in the written statement filed in the year 1985, the plaintiffs had by an amendment of the suits prayed for addition of the relief of declaration of title. The said amendment was allowed by the learned trial court on 16.07.1995. The amended relief sought and granted, therefore, is clearly barred under the provisions of the Limitation Act, it is urged.10. Finally, it is contended that though voluminous documents were introduced in evidence on behalf of the plaintiffs to prove their title, none of the exhibited documents had a relevant bearing to the survey numbers covering the suit lands except Survey No.43. It is, therefore, contended that the findings of the learned courts below regarding title of the plaintiffs is plainly untenable in law. 11. The aforesaid arguments on behalf of the appellants have been countered by Shri Jay Savla learned counsel for the respondents by contending that the legitimacy of the mutation entries on the basis of which, primarily, the suit was dismissed by the learned trial court has been conclusively decided in the revenue proceedings holding the same to be highly suspicious in view of the interpolations and the overwritings therein. The said facts and findings recorded thereon were noticed in the course of the adjudication of the suits and were accepted by the learned courts below. The same are essentially findings of fact. If the mutation entry of 1916 which was the foundation of the claim of the parties is suspect, as has been held by the learned courts below, the claim of the plaintiffs to ownership is established and the substratum of the defendants’ claim, including the claim of title on the basis of khata No.47 and payment of revenue in respect of the land covered by the said khata No. 47 (allegedly the suit land) will necessarily fall through. It is urged that the materials on record and the documents relied upon do not conclusively prove that compensation was received by Hirachand Gujjar on behalf of the villagers. In any case, the said issue would also stand concluded by the findings recorded in respect of the legitimacy of the original mutation entries. So far as the plea of limitation is concerned, it is urged that the order allowing the amendment of the suits to bring on record the additional relief of declaration of title has gone unchallenged and has attained finality in law. Therefore, the issue with regard to limitation issue necessarily had to be decided in favour of the plaintiffs inasmuch as the said amendment(s) would relate back to the date of filing of the suits. Reliance in this behalf has been placed on a judgment of this Court in Siddalingamma & Anr. vs. Mamtha Shenoy (2001 (8) SCC 561 ). 12. We have considered the submissions advanced on behalf of the parties. While there can be no manner of doubt that mutation entries do not conclusively establish title, we remain unimpressed by the arguments and contentions advanced on behalf of the appellants that the title of the plaintiffs in the instant case was found in their favour merely on the basis of the mutation entries in question. The suit scheduled property as described in the plaints filed in both the suits show that the suit land measuring 2 hectares 70 ares is covered by survey No.43, 49, 49A/1 and 54 which corresponds to new survey nos. 262, 214, 214A/1, 214B. The materials on record indicate that the title of the plaintiffs to land covered by survey No.43 stands established by Exh.63 whereas land covered by survey No.49 and 54 stands proved by Exh.154 and 158. It is the aforesaid survey numbers which are mentioned against the mutation entries of 1916 as well as the mutation entries of the year 1927. Coupled with the above, if the entry with regard to the land being held on behalf of the villagers as made in the mutation records are to be ignored, on account of the findings recorded in the order of the revenue authority dated 6.1.1993, which findings have been finally approved in the appeal proceedings arising out of the suits as being findings of fact recorded on the basis of the evidence on record, there can be no difficulty in holding that the title of the plaintiffs to the suit land covered by the survey Nos. indicated above stands proved and established. The entries in khata No.47 would also have to be understood with reference to the conclusions as above. Insofar as the land acquisition proceedings are concerned there is no conclusive material to hold that the payment of compensation was received by Hirachand Gujjar on behalf of the villagers so as to belie the case of the plaintiffs and/or establish the title of the defendants. The plea of the defendants that the voluminous documents brought on record do not establish the title of the plaintiffs has already been dealt with in the context of the specific exhibits which are relatable to the survey Nos. relevant to the suit land. So far as the plea of limitation is concerned there can be no manner of doubt that the amendment of the plaint(s) to incorporate the relief of declaration of title has necessarily to relate back to the date of filing of the suit. Once the said amendments were allowed and were not challenged by the defendants, the issue with regard to limitation has to be decided in favour of the plaintiffs.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]While there can be no manner of doubt that mutation entries do not conclusively establish title, we remain unimpressed by the arguments and contentions advanced on behalf of the appellants that the title of the plaintiffs in the instant case was found in their favour merely on the basis of the mutation entries in question. The suit scheduled property as described in the plaints filed in both the suits show that the suit land measuring 2 hectares 70 ares is covered by survey No.43, 49, 49A/1 and 54 which corresponds to new survey nos. 262, 214, 214A/1, 214B. The materials on record indicate that the title of the plaintiffs to land covered by survey No.43 stands established by Exh.63 whereas land covered by survey No.49 and 54 stands proved by Exh.154 and 158. It is the aforesaid survey numbers which are mentioned against the mutation entries of 1916 as well as the mutation entries of the year 1927. Coupled with the above, if the entry with regard to the land being held on behalf of the villagers as made in the mutation records are to be ignored, on account of the findings recorded in the order of the revenue authority dated 6.1.1993, which findings have been finally approved in the appeal proceedings arising out of the suits as being findings of fact recorded on the basis of the evidence on record, there can be no difficulty in holding that the title of the plaintiffs to the suit land covered by the survey Nos. indicated above stands proved and established. The entries in khata No.47 would also have to be understood with reference to the conclusions as above. Insofar as the land acquisition proceedings are concerned there is no conclusive material to hold that the payment of compensation was received by Hirachand Gujjar on behalf of the villagers so as to belie the case of the plaintiffs and/or establish the title of the defendants. The plea of the defendants that the voluminous documents brought on record do not establish the title of the plaintiffs has already been dealt with in the context of the specific exhibits which are relatable to the survey Nos. relevant to the suit land. So far as the plea of limitation is concerned there can be no manner of doubt that the amendment of the plaint(s) to incorporate the relief of declaration of title has necessarily to relate back to the date of filing of the suit. Once the said amendments were allowed and were not challenged by the defendants, the issue with regard to limitation has to be decided in favour of the plaintiffs.13. For the aforesaid reasons we do not find any merit in the case of the appellants as laid before us on the grounds and contentions as noticed. The appeals therefore will have to fail and are accordingly dismissed. However in the facts and circumstances of the case we make no order as to costs.