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Issues involved:
The plaintiff filed a suit for declaration of title and possession over disputed land, claiming ownership through succession from Gurbax Singh. The main issues included determining the rightful heirs, validity of a Will, possession rights of defendants, and the impact of mutation in revenue records. Details of the judgment: 1. Ownership and Succession: The trial Judge found that Roori was the daughter of Gurbax Singh, not Inder Kaur, based on evidence. The Additional District Judge erred in not considering this finding and wrongly concluded that Inder Kaur had valid title. The mutation in revenue records does not establish ownership. The Will and succession certificate in favor of the plaintiff and Roori were crucial, and the lower courts erred in ignoring them. 2. Possession and Trespass: Defendants claimed rightful possession based on mutation, but the Supreme Court clarified that mutation does not confer ownership rights. The possession of defendants was deemed that of trespassers, and the plaintiff was entitled to seek recovery of possession. The lower courts' failure to consider the evidence regarding ownership and succession led to erroneous judgments. 3. Judicial Errors: The Additional District Judge's decision was deemed unsustainable as it did not adequately consider the evidence presented. The Supreme Court highlighted the importance of the trial Judge's findings and criticized the lower appellate court for not properly evaluating the evidence. The High Court's dismissal of the Second Appeal without due consideration was also criticized. In conclusion, the Supreme Court set aside the judgments of the lower courts and confirmed the judgment in favor of the plaintiff, allowing the appeal without costs. The case highlighted the significance of proper evaluation of evidence in determining ownership and succession rights, emphasizing the importance of legal documents such as Wills and succession certificates in such disputes.
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