The Himachal Pradesh High Court has clarified that the mere appearance of a person’s name in revenue records does not establish ownership or enforceable rights over immovable property. The judgment reinforces that revenue entries are maintained purely for fiscal purposes and cannot serve as proof of title, providing clarity in property disputes across the state.
The matter arose from a civil suit filed by the plaintiff seeking a permanent prohibitory injunction to prevent defendants from transferring, encumbering, or creating third party rights on land in Kangra district. Defendant countered that the suit lacked merit, pointing out that the plaintiff herself had admitted the property was previously settled in favour of defendant.
Counsel for the plaintiff argued against prior settlements, but the court noted that the plaintiff’s own pleadings acknowledged the earlier deeds, undermining her claim of apprehension or threat.
Justice Virender Singh observed, “Merely name of defendant No.1 appeared in the revenue record is of no value as the revenue record is not the proof of title.” The bench highlighted that the plaintiff’s contradictory statements in the plaint confirmed the absence of a cause of action, stating, “The contradictory stand taken by the plaintiff, in the plaint, cannot be said to be inconsequential, but, the same demonstrates that the plaintiff is having no cause of action to file the present suit.”
The Court concluded that the plaintiff’s remedy would have been to file a declaratory suit challenging the settlement deeds rather than seeking an injunction. The application to dismiss the plaint under Order VII Rule 11 CPC was allowed.
Case Title: Beverley Singh v/s Tejinder Singh & Another
Case No.: OMP No.385 of 2023 in Civil Suit No.29 of 2023
Coram: Justice Virender Singh
Advocate for Petitioner: Adv. Neeraj Gupta (Senior Advocate), Ajeet Pal Singh Jaswal
Advocate for Respondent: Adv. R.L. Sood (Senior Advocate), Arjun Lal, Sanjeevani Sood, Aakash Thakur, Nitin Thakur
Read Judgment @Latestlaws.com
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