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Sarjeet Singh, through legal representatives, v. Hari Singh

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 9722 of 2014)Decided 15 Oct 2014
Civil Appeal No. 9722 of 2014
Justice Dipak Misra · Justice Vikramajit Sen

Background

Villagers sued to recover possession of land recorded as common village land. The occupants claimed an oral exchange with the heirs of people permitted to use it for repairing agricultural tools. The trial and first appellate courts ordered possession returned to the plaintiffs, while the High Court dismissed their suit.

Decision Breakdown

The Supreme Court dismissed the appeal and upheld dismissal of the suit, principally for different reasons from the High Court. The original users held permission for a particular purpose and could not transfer ownership or possession by an oral exchange. The plaintiffs likewise could not claim exclusive private possession of village common land. Under the applicable common-land legislation, unauthorized occupation and title disputes belonged before the designated revenue authorities, and the civil court lacked jurisdiction.

Lesson Learnt

Permission to use village common land does not make it private property or allow its transfer. Complaints about unauthorized occupation must go to the authority empowered by the applicable common-land law.

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

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