SRI MONOHAR DAS MOHANTA vs CHARU CHANDRA PAL AND OTHERS.

The Supreme Court established that a presumption of a lost grant arises in favor of a person who proves ancient and continued possession without challenge, as long as the claim does not adversely affect the owner. However, this presumption is not absolute and cannot be invoked if there is a legal impediment or if the grant is illegal or beyond the grantor's powers. The Court held that the Mohunt of an Asthal is legally incompetent to make a Niskar grant, and thus, the presumption of a lost grant cannot be applied in this case. The findings of fact must be clear and not vague, as demonstrated in this judgment.