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.