Supreme Court Restores Property Rights in Long-Standing Ownership Dispute

The case of Kedar Nath Kohli (Dead) by LRs vs. Baldev Singh is a crucial ruling in property law, where the Supreme Court addressed a long-standing ownership dispute over land in New Delhi. The Court examined claims of illegal possession, fraudulent sale deeds, and the rightful ownership of the disputed property, ultimately ruling in favor of the appellant.

The dispute had spanned several decades, involving multiple legal proceedings. The Supreme Court’s intervention set aside earlier judgments and restored ownership to the rightful heir.

Background of the Case

The property in question was Plot No. 27, bearing Municipal No. 1443, situated in Wazir Nagar, Gali No. 7, Kotla Mubarakpur, New Delhi. The original plaintiff, Mehar Chand Kohli, filed a suit in 1975, claiming possession of the property, alleging that the defendants had illegally occupied it. After his death in 1980, his legal heir, Kedar Nath Kohli, continued the case.

The trial court dismissed the suit in 2016, a decision upheld by the first appellate court in 2011 and the Delhi High Court in 2013. The matter then reached the Supreme Court.

Petitioner’s Claims

The appellant-plaintiff contended:

• His father, Mehar Chand Kohli, was the original owner of the property.
• The respondents had illegally trespassed on the land and constructed unauthorized structures.
• The respondents fraudulently obtained electricity and water connections without proper documentation.
• The sale deed relied upon by the defendants was forged.

Respondent’s Claims

The defendant, Baldev Singh, countered:

• He had purchased the property from one Dharampal through a registered sale deed dated August 15, 1966 (later corrected to September 15, 1966).
• He had lawfully constructed buildings on the land.
• The appellant had previously filed a suit for permanent injunction, which had been dismissed, and was thus barred from filing another claim.

Supreme Court’s Observations

The Supreme Court conducted a thorough analysis of the sale deed, property records, and historical ownership. The Court noted significant inconsistencies in the respondent’s claims, particularly concerning the sale deed’s authenticity.

The Court observed:

“The fabrication of the sale deed dated 15.9.1966 is evident when compared with the original sale deed received from the Sub-Registrar’s office. The discrepancies in the buyer’s name and the municipal plot number raise serious doubts about the legitimacy of the respondent’s claim.”

Additionally, the Court found that the sale deed relied upon by the respondent showed that Baldev Singh purchased land from Dharampal, but another official record from the Sub-Registrar’s office indicated that a different individual, Balwant Singh, was listed as the buyer. This critical contradiction led the Court to conclude that the document was manipulated.

Key Findings of the Supreme Court

• The respondent’s sale deed contained forged information, rendering his ownership claim invalid.
• The original sale deed from the Sub-Registrar’s records did not support the respondent’s assertions.
• The appellant’s father had a legitimate sale deed dating back to 1952, demonstrating legal ownership.
• The lower courts erred in not recognizing the inconsistencies and fraudulent elements in the respondent’s claims.

Final Judgment

The Supreme Court ruled:

• The appeal was allowed, overturning the previous decisions of the High Court, first appellate court, and trial court.
• The appellant was declared the rightful owner of the property.
• The respondent was directed to vacate the premises immediately.
• The forged sale deed relied upon by the respondent was rendered null and void.

Key Takeaways from the Judgment

• Forgery Cannot Confer Ownership: A sale deed obtained through fraudulent means does not establish legal ownership.
• Burden of Proof Lies on the Possessor: Anyone claiming ownership must provide verifiable, authentic documentation.
• Judicial Oversight in Property Disputes: The Supreme Court reinforced that lower courts must thoroughly scrutinize property records before arriving at conclusions.
• Protection of Legal Owners: The decision affirms that rightful property owners cannot be dispossessed through fraudulent transactions.

This ruling serves as a significant precedent in property law, ensuring that fraudulent claims do not succeed in dispossessing legitimate owners. The Supreme Court’s intervention restored justice to the rightful heir and provided clarity on the importance of authentic property documentation.

Petitioner Name: Kedar Nath Kohli (Dead) by LRs
Respondent Name: Baldev Singh
Judgment By: Justice R.K. Agrawal, Justice Mohan M. Shantanagoudar
Place Of Incident: New Delhi, India
Judgment Date: 27-03-2018

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