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Birbal v. Haryana State and Others

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 2847 of 2014)Decided 25 Feb 2014
Civil Appeal No. 2847 of 2014
Justice T.S. Thakur · Justice C. Nagappan

Background

Birbal claimed ownership by long adverse possession of government-held land, but lost in the appellate courts. During his Supreme Court appeal, he instead offered to buy the plot at the prevailing government rate. The Collector accepted the proposed price, while Birbal sought instalments because he could not pay it all at once.

Decision Breakdown

Using its power to do complete justice under Article 142, the Supreme Court resolved the case through the accepted purchase arrangement. It ordered payment of Rs. 3,94,108 in six specified instalments, beginning with Rs. 94,108 by 30 April 2014 and ending by February 2015. Upon full payment the suit would stand decreed in Birbal's favour. Default in an instalment would automatically dismiss the appeal, without another reference to the Court.

Lesson Learnt

This order granted a conditional solution based on the authority's agreement to sell; it did not establish ownership merely from long occupation. Where a court approves a settlement requiring instalments, missing a payment can forfeit the relief.

Official source (sci.gov.in)View Judgment (PDF)

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