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

2. Insofar as recital of the relevant facts is concerned it will suffice to notice that thesuits were initially for injunction against one Essar Construction Company (Suit No.125 of 1982) and one Ardeshir B. Kurshetji & Sons Pvt. Ltd. (Suit No.124 of 1982) who were raising certain constructions on the suit land of which the plaintiffs claimed to be owners. Initially the present appellants/defendants were not parties to the said suits. However, subsequently they were impleaded as defendants as, according to the plaintiffs, they were informed by the construction companies that they were authorised to raise the constructions on the suit land by the villagers of Mandva Village who claimed to be owners of the land. The appellants/defendants who were so impleaded and proceeded against in a representative capacity filed their written statement in the suits denying the title of the plaintiffs. The plaintiffs asserted their title, specifically by seeking the additional relief of declaration of title which was allowed to be brought on record by permitting an amendment of the suits insofar as the relief(s) claimed is concerned.3. The basis of the claim of the plaintiffs date to the year 1916 when the suit land measuring 14.5 acres was recorded in the name of one Amarsi Gujjar, the grandfather of the present respondent-plaintiffs. It is the case of the plaintiffs that upon demise of Amarsi Gujjar in the year 1926, the property devolved by survivorship on Hirachand Gujjar, the father of the plaintiffs and on his demise in the year 1971 the same devolved upon the plaintiffs.4. The appellant-defendants, on being impleaded in the suits, filed written statements contending, inter alia, that the mutation entry of the year 1916 showed Amarsi Gujjar as the holder of the land on behalf of the villagers. He was described as a Vahiwatadar of the villagers. Similarly, the mutation entry of the year 1927 following the death of Amarsi Gujjar also recorded Hirachand Gujjar as a Vahiwatadar and the land was shown as being held on behalf of the villagers. The above is the core of the claim of the respective parties on the basis of which certain supplemental pleas have also been raised which will be noticed as we proceed to delve further into the matter.5. The learned trial court, as already noticed, dismissed the suits of the plaintiffs. This was primarily on the basis that the mutation entries of the years 1916 and 1927, which formed the foundation of the claims of the parties, indicated that the land was held by Amarsi Gujjar and thereafter by Hirachand Gujjar on behalf of the villagers. What would be particularly relevant to be noticed, at this stage, out of the huge multitude of facts that confronts the Court is that there was a parallel revenue proceeding wherein the issue was one pertaining to the correctness of the aforesaid two mutation entries. The said proceedings culminated in an order of the State Government dated 06.01.1993 passed in exercise of its revisional powers holding that the mutation entries of 1916 and consequently the entries of the year 1927 were extremely doubtful in view of certain interpolations or overwritings in the said mutation entries. Accordingly, the mutation entries were declared to be without any legal effect. The said order was challenged by the appellant in a writ petition which was heard and decided along with the second appeal in question. The order passed by the High Court in the civil writ petition has also been challenged before us in the present appeals.6. In deciding the civil proceedings arising out of the suits in question, the first appellate court and the High Court disagreed with the learned trial court and overturned the findings of the learned trial court on all the issues. It is the very same pleas raised before the forums below on the issues arising for determination, that are being resurrected in the present appeals, to contend that the conclusion of the first appellate court and the High Court are wholly untenable requiring the interference of this Court in the exercise of its jurisdiction under Article 136 of the Constitution.7. It is in the above conspectus of facts that a brief resume of the contentions advanced on behalf of the parties would be necessary not only to recapitulate the issues arising for determination in the present appeals but also to take note of what was urged before the forums below and the reasons for the conclusions reached and the views expressed by the said forums which have culminated in the present appeal.

Reasoning:
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.