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Civil Property & InheritanceSupreme Court of India

Hari Ram v. The State of Rajasthan

Civil Appeal · 2026 INSC 350Decided 10 Apr 2026
C.A. No.-004402-004402 - 2026
Justice Sanjay Kumar · Justice K. Vinod Chandran

Background

The appellant claimed "khatedari" (tenant-occupant) rights over about 158.3 bighas of land, inherited from his father, and sought recovery of land he alleged had been encroached upon based on a fabricated sale deed. A revenue court decreed the suit in his favour in 1975 after declaring the original defendant, Keshi, ex-parte for non-appearance; her appeal, filed decades later in 2006, was rejected for gross delay but the Board of Revenue and later the High Court still remanded the matter, finding she may not have been given a fair opportunity to defend as an illiterate widow. The appellant challenged this remand before the Supreme Court, arguing the defendant had in fact actively participated in the original trial through a lawyer and witnesses.

Decision Breakdown

The Supreme Court found that the trial court record showed the defendant had appeared through counsel, led defence evidence by examining two witnesses, and was only declared ex-parte after failing to appear following specific notice, undermining the claim that she was denied a fair hearing. The Court held that condonation of a 31-year delay in challenging the 1975 decree could not be treated as an act of generosity that defeats substantial justice, especially since the defendant's own claimed sale deed (from a vendor stated to be a 12-year-old minor, requiring court permission never obtained) and a later 2005 sale deed both failed to establish valid title. Finding the remand ordered by the High Court and Board of Revenue to be illegal, the Court set aside those orders and restored the original 1975 Revenue Court decree in the appellant's favour. The appeal was allowed.

Lesson Learnt

Courts will not condone decades-long delays in challenging a decree, and a party cannot rely on sympathetic circumstances (such as claimed lack of opportunity to defend) if the trial record itself shows meaningful participation: title claims must also be backed by properly executed and verified sale deeds, especially where a minor's property is involved.

Hari Ram v. The State of Rajasthan – Legal Case Shots | LegalAware