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2019 (7) TMI 1990 - SC - Indian Laws


Issues:
1. Suit for declaration of land as Inam lands and possession against defendants.
2. Appeal against trial court's dismissal of suit.
3. Appeal before High Court challenging first appellate court's decision.
4. Dispute over the status of plaintiffs as Inamdars or Mutawalis.
5. Jurisdiction of civil court in deciding the suit.
6. Admissibility of additional documents filed during appeal.

Analysis:

1. The suit was filed seeking declaration of certain lands as Inam lands of a Dargah and possession against defendants. Trial court dismissed the suit citing limitation, non-joinder of parties, and failure to prove ownership by plaintiffs. District Judge reversed the judgment, holding plaintiffs as Inamdars and entitled to possession. High Court upheld the decree but modified the status of plaintiffs to descendants of Mutawalis.

2. Appellants challenged the High Court's decision, arguing against the plaintiffs' proof of land ownership and the suit's limitation. The Supreme Court upheld the lower courts' findings on ownership, emphasizing evidence of land grants to the Dargah since 1915. The limitation issue was dismissed, noting the possession was adverse only from 1978, well within the 12-year limit for possession suits.

3. The contention that the High Court granted relief not prayed for by the plaintiffs was rejected, citing precedents allowing for the grant of lesser versions of relief claimed. The court affirmed the jurisdiction of the civil court to decide the suit, emphasizing the nature of the dispute over Dargah properties, not personal rights.

4. The status of plaintiffs as Mutawalis was established based on historical evidence and official records, supporting their claim to manage Dargah affairs. The court dismissed the appellants' attempt to introduce additional documents during the appeal, noting the lack of justification for not presenting them earlier and rejecting the applications.

5. In conclusion, the Supreme Court found no merit in the appeal and dismissed it, upholding the lower courts' decisions regarding land ownership, limitation, relief granted, jurisdiction, and the status of plaintiffs. The pending applications for additional documents were rejected, and the appeal was disposed of accordingly.

 

 

 

 

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