Smriti Debbarma (Dead) Through Legal Representative Vs Prabha Ranjan Debbarma and Others (Supreme Court of India)
The Supreme Court dismissed the appeal arising from a title dispute concerning the property known as ‘Khosh Mahal’. Smriti Debbarma, acting as attorney and on behalf of Maharani Chandratara Devi, had instituted Title Suit No. 66 of 1986 seeking, among other reliefs, a declaration of ownership over the Schedule ‘A’ property, possession, and declarations that certain transfers were illegal and void. The trial court decreed the suit concerning Schedule ‘A’ property on 23.11.1996. The defendants appealed, and the Gauhati High Court allowed the appeals by judgment dated 17.05.2006, holding that the plaintiff had failed to discharge the burden of proving legal ownership and title.
The Supreme Court examined the identification and demarcation of the disputed property and the evidence concerning the Deed of Patta (Exhibit-12), Ekrarnama (Exhibit-5), Survey Report (Exhibit-I), and Deed of Patta (Exhibit-A) in favour of M/s. Hotel Khosh Mahal Limited. The Court held that the descriptions and measurements in the documents relied upon by the plaintiff did not establish that the Schedule ‘A’ property containing Hotel Khosh Mahal was the same property covered by Exhibit-12 and Exhibit-5. The Court also noted that the plaintiff had amended the Schedule ‘A’ measurements after the Survey Report, resulting in measurements corresponding with Exhibit-A.
