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september 1962

Supreme Court of India · 1962-09-14

GURBAKSH SINGH vs NIKKA SINGH

Citation / case number
SC 1960/88
Court
Supreme Court of India
Petitioner
GURBAKSH SINGH
Respondent
NIKKA SINGH
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that the High Court was justified in interfering in the second appeal as the first appellate court failed to provide a finding on the question of title, violating Section 100 of the Code of Civil Procedure, 1908. The Court clarified that the presumption under Section 44 of the Punjab Land Revenue Act, 1887, arises that the corrected entry is true, as it was made in accordance with law. The appellant's claim was dismissed as he did not provide evidence to rebut the presumption of correctness of the revenue entry, and he had knowledge of the defect in the title of Mula Singh, the transferor.

GURBAKSH SINGH vs NIKKA SINGH · Niyam