‘Each Party Must Succeed on the Strength of Its Own Title’: A Doctrinal Explanation of the Law of Rival Claims on Title – Bhag Singh v. Basant Kaur

Read also:

• Critical Analysis of Bhag Singh v. Basant Kaur (2026 INSC 983)
• Withholding Evidence and Adverse Inference
• Suit on Title: Burden on Plaintiff to Prove Title; Weakness of Defence Will Not Entitle a Decree
• Burden of Proof – Initial Burden and Shifting  Onus
• Repossession Based on Title and on Earlier  Possession
• BURDEN of PROOF is Static; ‘ONUS’ alone Shifts, According to Indian Law

Jojy George Koduvath

Abstract

•• Traditional Rule in a suit for recovery: Established jurisprudence in a suit for recovery of possession based on title dictates that ‘a plaintiff must succeed on the strength of its own case’, independent of the defendant’s shortcomings. •• The Explanation of Law in Bhag Singh v. Basant Kaur: In Bhag Singh v. Basant Kaur (2026 INSC 983), the Supreme Court held that where both parties assert rival claims of ownership, “each party must succeed on the strength of its own title.” •• Founded upon Principles of Substantive Justice: Compulsory judicial evaluation of rival claims is founded upon the principles of equity and substantive truth.

Introduction

In Bhag Singh v. Basant Kaur, 2026 INSC 983; 2026 KHC(Online) 6699; 2026 KLT(Online) 4549 (Prashant KumarMishra and Shree Chandrashekhar, JJ.), the Supreme Court held:

• “Where rival claims of ownership are asserted, each party must succeed on the strength of its own title and not on the weakness of the opponent’s case.”

This pronouncement marks a significant doctrinal evolution. While earlier strict precedents emphasized that a plaintiff seeking a declaration or recovery of title must independently establish their case without exploiting weakness of the defendants, the Court, in Bhag Singh has crystallized a comprehensive framework governing competing proprietary claims.

Though a clear-cut pronouncement had not been made earlier as to the burden on either side when a rival claim of title is raised on a land, a long line of Supreme Court decisions paved the way for the present definitive proposition.

The March of Law in this Subject

Plaintiff Seeking Declaration of Title Must Establish His Own Case:

• Moran Mar Basselios Catholics v. Most Rev. Mar Poulose Athanasius, AIR 1954 SC 526.

Adverse Inference is drawn if a party withholds documents:

• Gopal Krishnaji Ketkar v. Mahomed Haji Latif, AIR 1968 SC 1413.

Once the plaintiff creates a High Degree of Probability Onus Shifts to the defendant:

• R.V.E. Venkatachala Gounder v. Arulmigu Viswesaraswami V.P. Temple, (2003) 8 SCC 752.

Burden of Proof Loses Significance if both parties adduced evidence:

• Sushil Kumar v. Rakesh Kumar, (2003) 8 SCC 673.

Burden of Proof Loses Significance if both parties adduced evidence, and it remains academic:

• Mohd. Abdullah Azam Khan v. Nawab Kazim Ali Khan, 2022 SCC OnLine SC 1593.

Sec. 114 Evidence Act (Sec. 119 BSA) allows the Court to Presume certain facts.

• State of West Bengal v. Mir Mohammad Omar, AIR 2000 SC 2988

Court to Require the Facts to be Proved, in its discretion.

• Balraj Taneja  v. Sunil Madan, AIR 1999 SC 3381; 1999 8 SCC 396

Even if no plea, Propounder has to Clear Suspicion, if any:

• Sridevi v. Jayaraja Shetty, AIR 2005 SC 780, 2005-2 SCC 784.

The Courts consider the rival title set up by the defendants:

• Ramchandra Sakharam Mahajan v. Damodar Trimbak Tanksale, AIR 2007 SC 2577; (2007) 6 SCC 737

If Rival Claims, EACH PARTY to succeed on STRENGTH OF ITS OWN TITLE:

• Bhag Singh v. Basant Kaur, 2026 INSC 983; 2026 KHC(Online) 6699; 2026 KLT(Online) 4549.

The Case Law on the Subject

1. The Decisions that Took Obdurate Stand – EACH PARTY TO SUCCEED ON STRENGTH OF ITS OWN TITLE

Plaintiff to Win Recovery Suit, on Strength of his Title.

Following are the often cited decisions on this subject:

• Moran Mar Basselios Catholics v. Most Rev. Mar Poulose Athanasius, AIR 1954 SC 526,
• Brahma Nand Puri v. Neki Puri, AIR 1965 SC 1506,
• City Municipal Council Bhalki v. Gurappa, 2016-2  SCC 200
• Bajaranglal Shivchandrai Ruia v. Shashikant N. Ruia, (2004) 5 SCC 272
• Vijay Pullarwar v. Shri Hanuman Deostan, (2019) 11 SCC 718,
• Ratnagiri Nagar Parishad v. Gangaram Narayan Ambekar, (2020) 7 SCC 275.

Suit on Title & Weakness of the Defence

A Plaintiff has to win the title-suit on his evidence; not on the weakness of the adversary. See:

• Baha Kartar Singh Bedi v. Dayal Das, AIR 1939 PC 201 (Referred to in: K. M. Paul v. K. Pradeep, ILR 2006-2 Ker 19),
• Jagdish Narain v. Nawab Said Ahmed Khan, AIR 1946 PC 59 (Referred to in: Dinesh Jain v. Jeewanlal Lala, AIR 2013 MP 85)
• Moran Mar Basselios Catholics v. Most Rev. Mar Poulose Athanasius, AIR 1954 SC 526 (ejectment suit must succeed on the strength of Plaintiffs’ own title)
• Heera Devi v. Official Assignee Bombay, AIR 1958 SC 448.
• Moran Mar Basselios Catholicos v. Thukalan Paulo Avira, AIR  1959 SC 31 (referred to in: Paturu Sundaraiah v. Suri Ranganayakamma, AIR 2022 AP 71),
• Brahmanand Puri v. Nek Puri, AIR 1965 SC 1506.
• Nagar Palika, Jind v. Jagat Singh, Advocate, (1995) 3 SCC 426.
• Sayed Muhammed Mashur Kunhi Koya Thangal v. Badagara Jumayath Palli Dharas Committee, 2004-7 SCC 708.
• Yamuna Nagar Improvement Trust v. Khairati Lal, (2005) 10 SCC 30.
• Anil. Rishi v. Gurbaksh Singh, (2006) 5 SCC 558; City Municipal. Council, Bhalki v. Gurappa, (2016) 2 SCC 200),
• Rangammal v. Kuppuswamy, (2011) 12 SCC 220
• Union of India v. Vasavi Co-operative Housing Society Limited, (2014) 2 SCC 269,
• Jagdish Prasad Patel v. Shivnath, (2019) 6 SCC 82,
• Vijay Pullarwar v. Shri Hanuman Deostan, (2019) 11 SCC 718,
• City Municipal Council Bhalki v. Gurappa, 2016-2 SCC 200,
• Smriti Debbarma v. Prabha Ranjan Debbarma, 2023 SCC OnLine SC 9,
• P.  Kishore Kumar v. Vittal K.  Patkar, 2024-1 CTC 547; 2023-4 CurCC(SC) 278,
• Ratnagiri Nagar Parishad v. Gangaram Narayan Ambekar, (2020) 7 SCC 275
• Kishan Chand v. Gautam Gaur Hitkarak Sabha, Kota, 2026 INSC 448

2. IF RIVAL CLAIMS, court is Also entitled to consider the title set up by the defendants

In Ramchandra Sakharam Mahajan v. Damodar Trimbak, AIR 2007 SC 2577; (2007) 6 SCC 737, it is observed –

• “11. The suit is for recovery of possession on the strength of title. Obviously, the burden is on the plaintiff to establish that title. No doubt in appreciating the case of title set up by the plaintiff, the court is also entitled to consider the rival title set up by the defendants. But the weakness of the defence or the failure of the defendants to establish the title set up by them, would not enable the plaintiff to a decree. There cannot be any demur to these propositions.”

The Supreme Court’s observation that the ‘court is also entitled to consider the rival title set up by the defendants‘ represented a notable doctrinal explanation in judicial approach.

3. Bhag Singh v. Basant Kaur, 2026 INSC 983

In Bhag Singh v. Basant Kaur, the Supreme Court expounded a shift in the law by explaining the burden of proof, comprehensively tracing the lineage of prior precedents on this issue. It is held as under:

• “37. The present Appeal does not merely concern the extent of the interest conveyed under the sale deed. The real issue is whether the appellants established a better and superior title so as to defeat the respondents’ claim altogether. It is a settled principle that where rival claims of ownership are asserted, each party must succeed on the strength of its own title and not on the weakness of the opponent’s case.[See: Ramchandra Sakharam Mahajan v. Damodar Trimbak Tanksale (Dead) and Others, (2007) 6 SCC 737 at Para 13.]”

Critical Appreciation of Bhag Singh v. Basant Kaur (2026 INSC 983)

Facts

• Suit was for declaration and injunction.
• Plaintiff’s claim was founded upon a registered sale deed.
• Principal defence raised by the defendants were –
  • 1. Suit property had been dedicated in favour of the Dera long before the execution of the sale deed.
  • 2. The vendors of the plaintiffs had only one-half share.
  • 3. The revenue entries showed possession with Attar Singh Chela Bhai Gulab Singh as “gair marusi bila lagan bawaja Dharam Arth”, signifying possession without payment of rent for religious purposes, and that such possession was held not in his individual capacity but on behalf of the Dera.
  • 4. The defendants claimed possession through the successive Mahants of the Dera.
  • 5. The Dera had remained in continuous, open and uninterrupted possession of the suit property for several decades and had acquired ownership thereof.

Findings of the Apex Court

1. The defendants/appellants sought title on two juristic bases (a) dedication/title and (b) adverse possession. Both proceed on different legal premises.

2. Doctrine of adverse possession is not attracted in this case [Relied on: T. Anjanappa v. Somalingappa, (2006) 7 SCC 570; Government of Kerala v. Joseph, 2023 SCC OnLine SC 961]. For attracting adverse Possession –

• (i) The claimant has to admit the title of the true owner, for it proceeds on the assumption that the title initially vested in another.
• (ii) Mere long possession or an entry in the revenue records is insufficient.
• (iii) Pleading of overt acts asserting hostility to the knowledge of true owners is necessary.
• (iv) Pleadings and evidence as to the time (date) at which the title of the true owner was repudiated and a hostile assertion of ownership was raised in denial of his title (a lawful or permissive origin cannot be adverse merely by lapse of time) are also essential.

Note: 1. Without making a definite finding on the title of the plaintiff (whether the vendors of the plaintiff had only a one-half share), the Court considered the Adverse title claim raised by the defendants. 2. The Court formulated the legal doctrine: where rival claims of ownership are asserted, each party must succeed on the strength of its own title and not on the weakness of the opponent’s case. 3. The title dispute raised in this case is between (i) the alleged ‘true title holder’ and (ii) one who claimed title by adverse possession; and not between two claimants of ‘true title’. Because a plea of adverse possession concedes the opponent’s title, the Court emphasized: “The real issue is whether the appellants (defendants) established a better and superior title (by raising a claim of adverse possession) to defeat the respondents’ (plaintiff’s) claim altogether”.

3. Bhag Singh v. Basant Kaur, made a doctrinal explanation. It cast burden of proof on both plaintiff and defendant if a rival claim of ownership is raised over the suit land. It is held that ‘each party must succeed on the strength of its own title and neither can succeed merely pointing out the weakness of the opposite party’s case.

Supporting Precedents

The above Doctrinal Explanation as enunciated by the Court draws reflection from the following decisions:

• 1. Ramchandra Sakharam Mahajan v. Damodar Trimbak Tanksale, AIR 2007 SC 2577; (2007) 6 SCC 737: In this decision, it was held that while adjudicating a plaintiff’s claim of title, the court is entitled to consider any rival title set up by the defendants.
  • Note: It was further clarified: “But the weakness of the defence or the failure of the defendants to establish the title set up by them, would not enable the plaintiff to a decree. There cannot be any demur to these proposition.”
• 2. R.V.E. Venkatachala Gounder v. Arulmigu Viswesaraswami V.P. Temple, (2003) 8 SCC 752: The Supreme Court explained that once a plaintiff creates a high degree of probability sufficient to shift the onus, the burden shifts onto the defendant to establish their competing claim.
• 3. Gopal Krishnaji Ketkar v. Mahomed Haji Latif, AIR 1968 SC 1413: The Apex Court established that an adverse inference may be drawn against a party who withholds vital documents in their possession, even if that party does not bear the burden of proof.
• 4. Raghunathi v. Raju Ramappa Shetty, AIR 1991 SC 1040; 1991 Supp2 SCC 267; M. Chandra v. M. Thangamuthu, AIR 2011 SC 146; 2010-9 SCC 712: It was held that the question of the burden of proof loses its significance and remains purely academic once both parties have adduced evidence.

A Caution Worth Noting:

• A defendant who simply denies the plaintiff’s title is differently situated from one who affirmatively asserts an independent title in himself (still, it may entail an adverse inference for withholding material documents).
• The failure of the plaintiff’s case does not, by itself, establish the defendant’s title; equally, the failure of the defendant to establish an independent title does not, by itself, entitle the plaintiff to a decree.

Conclusion

Bhag Singh v. Basant Kaur (2026 INSC 983) stands as a landmark decision in property law that advances the cause of substantive justice by ensuring that property rights are adjudicated on merits rather than procedural defaults.

The Supreme Court makes it clear that where competing claims of ownership are raised, neither party can rest merely on the weakness of the opponent’s case; instead, rival claims must be adjudicated upon the intrinsic strength of the evidence adduced by both sides—thereby safeguarding true ownership from being defeated by technical flaws and unsupported pleas. Ultimately, this ensures that the majesty of the law aligns with the demands of equity and substantive truth.

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End Notes – 1

Decisions that Made a Shift in law

(i) Suit on Title – If High Degree of Probability Established, Onus Shifts.

In R.V.E. Venkatachala Gounder v. Arulmigu Viswesaraswami, AIR 2003 SC 4548: (2003) 8 SCC 752, the law is stated in the following terms :

• “In our opinion, in a suit for possession based on title once the plaintiff has been able to create a high degree of probability so as to shift the onus on the defendant it is for the defendant to discharge his onus and in the absence thereof the burden of proof lying on the plaintiff shall be held to have been discharged so as to amount to proof of the plaintiff’s title.
• … Being a civil case, the plaintiff cannot be expected to proof his title beyond any reasonable doubt; a high degree of probability lending assurance of the availability of title with him would be enough to shift the onus on the defendant and if the defendant does not succeed in shifting back the onus, the plaintiff’s burden of proof can safely be deemed to have been discharged. …”.
• … A high degree of preponderance of probability proving title to the suit property was raised in favour of the appellant and the courts below rightly concluded the burden of proof raised on the plaintiff having been discharged while the onus shifting on the defendant remaining undischarged. ..”
• (Quoted in: Anil. Rishi vs. Gurbaksh Singh, (2006) 5 SCC 558; City Municipal. Council, Bhalki Vs. Gurappa, (2016) 2 SCC 200)

In Smriti Debbarma v. Prabha Ranjan Debbarma, 2023 SCC OnLine SC 9,it is held by our Apex Court as under:

• “31. …. Onus of proof, no doubt shifts and the shifting is a continuous process in the evaluation of evidence, but this happens when in a suit for title and possession, the plaintiff has been able to create a high degree of probability to shift the onus on the defendant. In the absence of such evidence, the burden of proof lies on the plaintiff and can be discharged only when he is able to prove title.[See R.V.E. Venkatachala Gounder v. Arulmigu Viswesaraswami V.P. Temple and Another, (2003) 8 SCC 752.] ….”

(ii) Burden of Proof Loses Significance: Burden of proof loses its importance –

• if both parties adduced evidence
• if there is sufficient evidence on an issue.

In such a situation, the ‘burden of proof’ remains academic. See:

• Seturatnam Aiyar v. Venkatachala Gounden, (1919)   47 IA 76,
• Chidambara Sivaprakasa Pandara Sannadhigal v. Veerama Reddi, 49 IA 286 303: AIR 1922 PC 292
• Kumbham Lakshmanna v. Tangirala Venkateswarlu, AIR 1949 PC 278;
• Mohd.  Abdullah Azam Khan Vs. Nawab Kazim Ali Khan,(1976) 3 SCC 32
• Raghunathi v. Raju Ramappa Shetty, AIR 1991 SC 1040;
• Sushil Kumar v. Rakesh Kumar, (2003) 8 SCC 673,

(iii) When evidence has been led by both sides, “Onus” is out of place

In Kalwa Devadattam v. Union, AIR 1964 SC 880, it is held – where evidence has been led by the contesting parties, abstract considerations of onus are out of place and truth or otherwise must always be adjudged on the evidence led by the parties. The Court held as under:

• “The question of onus probandi is certainly important in the early stages of a case. It may also assume importance where no evidence at all is led on the question in dispute by either side; in such a contingency the party on whom the onus lies to prove a certain fact must fail. Where however evidence has been led by the contesting parties on the question in issue, abstract considerations of onus are out of place; truth or otherwise of the case must always be adjudged on the evidence led by the parties.”

This decision is referred to in:

• Mohd. Abdullah Azam Khan v. Nawab Kazim Ali Khan, 2022-20 SCC 233
• Vinod Kumar Dhall v. Dharampal Dhall, 2018-16 SCC 645
• Bibi Sidique Fatima v. Saiyed Mohammad Mahmood Hasan, AIR 1978 SC 1362; 1978-3 SCC 299
• Union of India v. Moksh Builders and Financiers Ltd. (1977) 1 SCR 967

(iv) Court Can Draw Adverse Inference If Important Documents are Withheld

In the important decision, Gopal Krishnaji Ketkar v.  Mahomed Haji Latif, AIR 1968 SC 1413, it is held as under:

• “Even if a party to the suit has no burden, the Court can draw an adverse inference if he withholds important documents in his possession.”

In National Insurance Co. Ltd., New Delhi v. Jugal Kishore, 1988-1 SCC 626, Our Apex Court stated the law as under:

• “This Court has consistently emphasized that it is the duty of the party which is in possession of a document which would be helpful in doing justice in the cause to produce the said document and such party should not be permitted to take shelter behind the abstract doctrine of burden of proof.” (Quoted in: Sushil Kumar v. Rakesh Kumar, (2003) 8 SCC 673)

End Notes – 2

Non-production of the Sale Deed and the Principle of Burden of Proof

Question: A defendant claims title on a registered sale deed. Can the defendant argue – there should not be adverse presumption for not peoducing the sale deed , for the plaintiff can get a certified copy from the Sub-Registrar’s Office?

Answer:

• The mere fact that the plaintiff could have obtained a certified copy of the registered sale deed from the Sub-Registrar’s Office does not, by itself, absolve the defendant of the consequences of withholding the document on which the defendant relies to establish title. The availability of secondary evidence to the plaintiff and the defendant’s failure to produce the deed are distinct matters.
• However, even if no adverse inference is drawn against the defendant, the question remains: who must fail if neither party produces evidence sufficient to establish the fact in issue? The answer is governed by the fundamental principle of the law of evidence that the party who bears the burden of proof must fail if no evidence is adduced on the issue. As explained by the Supreme Court in R.V.E. Venkatachala Gounder v. Arulmigu Viswesaraswami & V.P. Temple, (2003) 8 SCC 752, the initial burden of proof and the evidential burden that may shift during trial are distinct concepts.
• Therefore, if the defendant asserts title under a registered sale deed but fails to produce it, the defendant cannot necessarily succeed merely by pointing out that the plaintiff could have obtained a certified copy. If the defendant’s title depends upon establishing the transaction evidenced by that deed, the defendant must prove the relevant facts in accordance with law. Conversely, if the plaintiff bears the burden of establishing his own title and fails to do so, the plaintiff cannot succeed merely because the defendant’s evidence is deficient.
• Ultimately, the court must determine not merely against whom an adverse inference should be drawn, but also which party must fail if the evidence as a whole is insufficient to establish the title asserted by that party.

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Civil Suits: Procedure & Principles

Book No, 1 –  Civil Procedure Code

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• Best Evidence Rule in Indian  Law
• Declaration and Injunction
• ‘Plaintiff to Win on His Own Title’ Vs. ‘Each Party Must Succeed on the Strength of Its Own Title’
• Pleadings Should be Specific;  Why?
• Does Alternate Remedy Bar Civil Suits and Writ  Petitions?
• Void, Voidable, Ab Initio Void, and Sham  Transactions
• If a Document is Per Se Illegal, or Void Ab Initio, it Need Not be Set  Aside
• Can Courts Award Interest on Equitable  Grounds?
• Natural Justice – Not an Unruly Horse
• Krishnadatt Awasthy v. State Of M.P, 29 January, 2025 – Law on Natural Justice  Revisited
• ‘Sound-mind’ and ‘Unsound-Mind’
• Prescriptive Rights – Inchoate until the Title thereof is Upheld by a Competent  Court
• ‘Title’ and ‘Ownership’ in Indian  Law
• Can a Party to Suit Examine Opposite Party, as of  Right?
• Forfeiture of Earnest Money and Reasonable  Compensation
• Doctrine of ‘Right to be Forgotten’ in Indian  Law
• Proof on ‘Truth of Contents’ of Documents, in Indian Evidence  Act
• Cheating and Breach of Contract: Distinction – Fraudulent Intention at the time of Promise.
• Declaration of Title & Recovery of Possession: Art. 65, not Art. 58, Limitation Act  Governs
• What is COGNIZANCE and Application of Mind by a  Magistrate?
• Shri Mukund Bhavan Trust v. Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj Bhonsle: Rejection of Plaint on ‘Bar of Limitation’ on Plea of  Fraud.
• No Rejection of suit — if Plaint discloses a ‘Cause of Action’– ’Chinmaya Mission Educational & Cultural Trust v. Sree Hari R. Menon, 2026 KER 56668 (CR): A Suit Cannot be Rejected if there is a ‘Cause of Action’, for the Plaint discloses One ESSENTIAL FACT that Gives Rise to a ‘Right to Sue’
• Why Should Foundational or Crucial Documents Be Produced Along With the Plaint or  WS
• Pradeep Nirankarnath Sharma v. The State of Gujarat: The Police have No Discretion to conduct a Preliminary Inquiry Before Registering an FIR in Cognizable  Offences

COMMISIONS Under CPC

• Powers and Duties of Commissioners to Make Local Investigations, Under CPC
• Law on Survey Commission in Civil Suits
• Is it Mandatory to  Set Aside  the Commission Report – Where a Second Commissioner is  Appointed?
• Can a Commission be Appointed to Find Out the  Physical  Possession  of a  Property?
• Can the Court issue a Second Commission without Setting Aside First Commission  Report?

PROPERTY LAW

Title, ownership and Possession

• ‘Plaintiff to Win on His Own Title’ Vs. ‘Each Party Must Succeed on the Strength of Its Own Title’
• Immovable Property–‘LIMITATION’ on Suits
• Title Deed Lost and Certified Copy Unavailable: The Law Does Not Leave the Owner Without a Remedy
• Right to Property: A Constitutional and Human Right That Cannot Be Taken Away on Mere Technical Grounds of Delay or the Fault of Public Authorities
• Gratuitous Possession – Owner can Reclaim Even Without Knowledge of the  Other
• Suit on Possessory Remedy, Other side Admits Possession; Should the Will be  Proved?
• M.V. Ramachandrasa v.   Mahendra Watch Company, 2026 INSC 348: Decision on Subletting Without Consent of  Landlord
• ‘Nemo Dat Quod Non  Habet’
• Section 27,  Limitation Act Gives-Rise to a Substantive Right so as to Seek Declaration and  Recovery
• Sale Deeds Without Consideration –  Void
• Tenancy at Sufferance in Indian  Law
• “Due Process of Law” in Civil  Suits
• OWNER v. LANDLORD: ‘Recovery’ and ‘Eviction’ – Two Distinct Legal Concepts
• Revenue  Settlement Registers of Travancore in 1910, Basic Record of Land  matters
• Govt. of AP v. Thummala Krishna Rao, AIR 1982 SC 1081, 1982 (2) SCC 134, Misread by High  Courts
• Can the Forest Tribunal Make a Finding on  Title?

Recovery of Possession:  

• Immovable Property–‘LIMITATION’ on Suits
• Suit on Possessory Remedy, Other side Admits Possession; Should the Will be  Proved?
• Recovery of Possession Based on Title and on Earlier  Possession
• Recovery of Possession (Based on Title) and Eviction (of  Tenants)
• Declaration of Title & Recovery of Possession: Art. 65, not Art. 58, Limitation Act  Governs
• Title and Ownership and Possessory Title in Indian  Law
• Does  Registration of a Document give  Notice to the Whole  World?
• Admission by itself Cannot Confer  Title
• POSSESSION is a Substantive Right in Indian  Law
• 22nd Law Commission   Report on ‘Law on Adverse Possession’
• Adverse Possession Against Government
• Government of Kerala v. Joseph – Law on Adverse Possession Against Government
• Should the Government Prove Title in Recovery  Suits
• How to Plead Adverse Possession?  Adverse Possession: An Evolving Concept
• Adverse Possession: Burden to Plead Sabotaged
• Does ‘Abandonment’ Give rise to a Recognised Right in Indian  Law?
• When ‘Possession Follows Title’; ‘Title Follows Possession’?
• Ultimate Ownership of All Property Vests in State; It is an Incident of  Sovereignty.
• ‘Mutation’ by Revenue Authorities & Survey will not Confer ‘Title’
• Can Transfer of Registry or Mutation and Payment of Tax be Denied, pointing out Revenue Recovery, Attachment or Bank  Loan?
• Preemption  is a Very Weak Right; For, Property Right is a Constitutional & Human  Right
• Transfer of Property with Conditions & Contingent Interests
• Family Settlement or Family Arrangement in  Law
• INJUNCTION is a ‘Possessory Remedy’ in Indian  Law
• ‘Possessory Title’ in Indian  Law
• Kesar Bai v. Genda Lal – Does Something Remain  Untold?
• Grant in Law
• Termination of Tenancy (& Grant) by Forfeiture (for Claiming  Title)
• SUIT on TITLE: Landlord can Recover Property on GENERAL TITLE (though Tenancy Not Proved) if Defendant Falsely Claimed Independent  Title
• OWNER v. LANDLORD: ‘Recovery’ and ‘Eviction’ – Two Distinct Legal Concepts
• Even the Rightful Owner is NOT entitled to Eject a Trespasser, by  Force
• Ryotwari  System in  Madras

Survey, Revenue Records, Mutation

• Title is Not Proved by Revenue Entries; Title Claims are Investigated by Civil Courts, Not by High  Courts
• Revenue  Settlement Registers of Travancore in 1910, Basic Record of Land  matters
• ‘Mutation’ by Revenue Authorities & Survey will not Confer ‘Title’
• Can Transfer of Registry or Mutation and Payment of Tax be Denied, pointing out Revenue Recovery, Attachment or Bank  Loan?
• Survey Authorities Do Not Decide  TITLE
• Mistake in Boundary or Survey Number will not Invalidate a Document; Insignificant Errors in Pleadings will not Disentitle a  Decree
• Will Boundaries of Properties (Always) Preferred Over Survey Number, Extent, Side Measurements,  etc.?
• Survey under Survey Act – Raises a Presumption on  Boundary; though Not Confer  Title

Adverse Possession

• Immovable Property–‘LIMITATION’ on Suits
• Dispossession and Knowledge: Essential Requirements of Adverse  Possession
• Adverse Possession: Legal Principles and Classic Cases in the UK and the  US
• Adverse Possession: Should Unobstructed Possession Subsist for 12 Years Immediately Preceding the  Suit?
• Illegal, Mistaken or Fraudulent Registration of Deed, and Subsequent Mutation: No Adverse  Possession
• Adverse Possession: A Concise  Overview
• What is Adverse Possession  in Indian  Law?
• Neelam Gupta v. Rajendra Kumar Gupta (AIR 2024 SC 5374) – Supreme Court Denied the Tenant’s Claim of Adverse  Possession
• Adverse Possession:  How to Plead Adverse Possession?  Adverse Possession: An Evolving  Concept
• Adverse Possession Against Government
• Govt. of AP v. Thummala Krishna Rao, AIR 1982 SC 1081, 1982 (2) SCC 134, Misread by High  Courts
• Adverse Possession: Burden to Plead Sabotaged
• Does ‘Abandonment’ Give rise to a Recognised Right in Indian  Law?
• When ‘Possession Follows Title’; ‘Title Follows Possession’?
• Government of Kerala v. Joseph – Law on Adverse Possession Against Government
• Should the Government Prove Title in Recovery  Suits
• ‘Possessory Title’ in Indian  Law
• Admission by itself Cannot Confer  Title
• Ouster and Dispossession in Adverse  Possession
• Declaration of Title & Recovery of Possession: Art. 65, not Art. 58, Limitation Act  Governs
• Mallavva v. Kalsammanavara Kalamma, 2024 INSC 1021, Composite Suit (Cancellation & Recovery) – Substantive Relief Determines Limitation   
• The Laws of ‘Doctrine of Election’ and ‘Doctrine of  Waiver’

Land Laws/  Transfer of Property Act

• Bona Fide Purchaser for Value Deserves Stronger Equity than a Prior Contract  Holder
• Travancore Royal Pattom Proclamations of 1040  (1865 AD) and 1061 (1886 AD), And 1922 Devaswom  Proclamation
• Revenue  Settlement Registers of Travancore in 1910, Basic Record of Land  matters
• Tenancy at Sufferance in Indian  Law
• Freehold Property in  Law
• What is Patta or  Pattayam?
• Does ‘Pandaravaka Pattom’ in Kerala Denote  Full-Ownership?
• Previous Owner is Not a Necessary Party in a Recovery  Suit
• Recovery of Possession Based on Title and on Earlier  Possession
• Recovery of Possession (Based on Title) and Eviction (of  Tenants)
• Transfer of Property with Conditions & Contingent  Interests
• Vested Remainder and Contingent Remainder
• Vested interest and Contingent  Interest
• Rule Against Perpetuity –  Simplified
• Ultimate Ownership of All Property Vests in State; It is an Incident of  Sovereignty.
• Land Acquired Cannot be Returned – Even if it is Not Used for the Purpose  Acquired
• ‘Mutation’ by Revenue Authorities & Survey will not Confer ‘Title’
• Can Transfer of Registry or Mutation and Payment of Tax be Denied, pointing out Revenue Recovery, Attachment or Bank  Loan?
• Harrisons Malayalam Ltd. v. State of Kerala (2026:KER:19290): Transfer of Registry can be Claimed only on Proper Application, with Supporting  Documents
• In Harrisons Malayalam Ltd. v. State of Kerala (2026:KER:19290), it is Held: No Findings on Title in the Previous Decision – Harrisons Malayalam Ltd. v. State of Kerala, 2018 (2) KLT 369
• FERA, 1973 And Transfer of Immovable Property by a  Foreigner
• Marumakkathayam – A System of Law and Way of Life Prevailed in  Kerala
• Land Tenures, and History of Land Derivation, in  Kerala
• Glen Leven Estate v. State of Kerala: Not Correctly  Decided?
• Sale Deeds Without Consideration –  Void
• If a Document is Per Se Illegal, or Void Ab Initio, it Need Not be Set  Aside
• Law on SUCCESSION CERTIFICATE and LEGAL HEIRSHIP  CERTIFICATE
• Sec. 7 Easements Act – Natural Advantages Arising from the Situation of Land & Natural Flow of  Water
• Grant in Law
• Should the Government Prove Title in Recovery  Suits
• Title of the Government Property in India: Government is the Ultimate Owner of Every Property; Hence, Government Need Not Prove  Title.
• Survey under Survey Act – Raises a Presumption on  Boundary; though Not Confer  Title
• Mistake in Boundary or Survey Number will not Invalidate a Document; Insignificant Errors in Pleadings will not Disentitle a  Decree
• In a Suit for Fixation of Boundary, Property of the Defendant Need Not be  Scheduled
• Property Rights Cannot be Taken Away on Technical Grounds of  Delay:  Rama S/o Gunda Malkapure v. The State of Maharashtra

Land Reform Laws

• Ten Square Miles Concession and Kanan Devan Hills Concession – State Grants of Travancore  Governments
• Plantation-Tenants Not Approached The Land Tribunal are Ineligible for Plantation-Exemption-Orders from the Land  Board
• Acquisition of (Exempted) Plantation Property: Should the Govt. Pay Full Land Value to Land  Owners?
• Relevant provisions of  Kerala Land Reforms Act  in a  Nutshell
• Land Tenures, and History of Land Derivation, in  Kerala
• Should the Government Prove Title in Recovery  Suits
• ‘Janmam’ Right is FREEHOLD Interest and ‘Estate’ in Constitution – By Royal Proclamation of 1899, The Travancore Sircar became Janmi of Poonjar Raja’s  Land
• Government is the OWNER of (Leasehold) Plantation Lands in  Kerala.
• Title of the Government Property in India: Government is the Ultimate Owner of Every Property; Hence, Government Need Not Prove  Title.
• Glen Leven Estate v. State of Kerala: Not Correctly  Decided?
• Law on Acquisition of Private Plantation Land in  Kerala
• Plantation Exemption in Kerala Land Reforms Act–in a  Nutshell
• Kerala Land Reforms Act – Provisions on Plantation-Tenancy and  Land-Tenancy
• Grant in Law
• Balanoor Plantations & Industries Ltd. v. State of Kerala – Based on the Principle: LT to fix Tenancy’; TLB to Fix Plantation Exemption.   
• 1910 Settlement Register of Travancore – Basic Record of Land  Matters
• Do the Plantation-Tenants have the Right to Seek ‘Assignment’ of the Entire Plantation-Tenancy-Land (under Purchase  Certificates)?
• Civil Court to Adjudicate Title; Land Tribunal to Fix Tenancy; Taluk Land Board to Determine Plantation Exemption

Power of attorney

• M.S. Ananthamurthy v. J. Manjula: Mere Word  ‘Irrevocable’  Does Not Make a POWER OF ATTORNEY  Irrevocable
• Can a Power of Attorney file a Civil Suit? Is there any bar by virtue of Manisha Mahendra Gala v. Shalini Bhagwan Avatramani, 2024-6 SCC  130?
• No Adjudication If Power of Attorney is Sufficiently  Stamped
• Notary Attested Power-of-Attorney Sufficient for Registration
• Notary-Attested Documents and Presumptions
• Permission when a Power of Attorney Holder Files  Suit
• If Power of Attorney himself Executes the Document, S. 33 Registration Act will NOT be  attracted
• Should a Power of Attorney for Sale must have been Registered –
• Is Registered Power of Attorney Necessary for Registration of a Deed?  No.

Evidence Act – General

• A Defective Legislative Piece as regards Documents “Admitted in Writing” in the (Old) Evidence Act is Corrected in S. 58 of the BSA
• Tharammel Peethambaran vs T. Ushakrishnan, Pankaj Mithal, S.V.N. Bhatti, JJ.,  AIR 2026 SC 938: A Classic Decision on Secondary Evidence
• Newspaper Reports are ‘Hearsay Secondary  Evidence’
• Marking Secondary Evidence Without Objection: Two Apparently Divergent Views on Waiver and the Mode of Proof of Documents
• Major Changes in the Evidence Act by Bhartiya Sakshya Adhiniyam,  2023
• Sec. 27 Recovery/Discovery in Evidence Act and Bhartiya Sakshya Adhiniyam,  2023
• Evidence in Court – General  Principles
• Expert Evidence and Appreciation of  Evidence
• Handwriting Expert Evidence: Relevant, But Merely an  Opinion
• How to Contradict a Witness under Sec. 145, Evidence  Act
• Can a Witness be Confronted with a Photograph During Cross-Examination Without its Prior  Production (Anu C.R. v. State of Kerala)
• Withholding Evidence and Adverse Inference
• Best Evidence Rule in Indian  Law
• What is Collateral  Purpose?
• Burden of Proof – Initial Burden and Shifting  Onus
• Appreciation of Evidence by Court and ‘Preponderance of Probabilities’ & ‘Probative Value of  Evidence
• Effect of Not Cross-Examining a Witness & Effect of Not Facing Complete Cross Examination by the  Witness
• Suggestions & Admissions by Counsel, in Cross Examination to  Witnesses
• Proof of Documents  –  Admission, Expert Evidence, Presumption etc.
• Public Documents: Proof and  Presumption
• Admission by itself Cannot Confer  Title
• How to Prove a Will, in Court?Is Presumption enough to Prove a Registered  Will?
• Significance of Scientific Evidence in Judicial  Process
• Polygraphy, Narco Analysis and Brain Mapping Tests
• What is Section 27 Evidence Act – Recovery or  Discovery?
• How ‘Discovery’ under Section 27, Evidence Act,  Proved?
• Pictorial Testimony Theory and Silent Witnesses  Theory
• Sec. 35 Evidence Act: Presumption of Truth and Probative  Value
• Proof on ‘Truth of Contents’ of Documents, in Indian Evidence  Act

Sec. 65B

• Grammatically and Contextually, the Non Obstante Clause in Section 63(1) BSA is Confined to the Deeming Fiction
• Is a Section 63(4) Certificate an Essential Prerequisite for the Admission of a Photograph in  Evidence?
• Admissibility of Electronic Evidence: Does Section 61 of the BSA Permit Oral Proof (Overriding Arjun  Panditrao)
• Law on Electronic Evidence in India: A Comparative Analysis with Other  Jurisdictions
• Hash Value Certificate – Mandatory or  Directory
• Sakshya Adhiniyam (Literally) Mandates Hashing the Original. But the Established Jurisprudence Requires Hashing the  Copy.
• Sec. 27 Recovery/Discovery in Evidence Act and Bhartiya Sakshya Adhiniyam,  2023
• Electronic Evidence under   S. 61, 62, 63 of the  BSA
• Sec. 65B (Electronic Records) and Bhartiya Sakshya Adhiniyam,  2023
• Sec. 65B, Evidence Act: Arjun Paditrao  Criticised.
• Sec. 65B Evidence Act  Simplified
• ‘STATEMENTS’ alone can be proved by ‘CERTIFICATE’ u/s. 65B
• Sec. 65B,   Evidence Act: Certificate forms
• “Nothing  In This Adhiniyam Shall Apply To Deny The Admissibility” – New Provision (Sec. 61, BSA) to ensure that Sec. 65B (Sec. 63, BSA) is an enabling&nbs p;provision
• Certificate is Required Only for ‘Computer Output’; Not for ‘Electronic Records’: Arjun Panditrao  Explored.
• How to Prove ‘Whatsap Messages’, ‘Facebook’ and ‘Website’ in  Courts?

Admission, Relevancy and Proof

• ‘Admission’ in Indian  Law
• Relevancy, Admissibility and Proof of  Documents
• Handwriting Expert Evidence: Relevant, But Merely an  Opinion
• Admission of Documents in Evidence on  ‘Admission’
• Admission by itself Cannot Confer  Title
• Judicial Admissions in Pleadings:  Admissible  Proprio Vigore  Against the  Maker
• Document Exhibited in the Writ Petition as ‘True Copy’ – Can it be Used in a Civil Suit as ‘Admission’?
• Modes of Proof of  Documents
• Proof of  Documents & Objections To Admissibility – How & When?
• Should Objection to Marking Documents be Raised When it is Admitted; Is it Enough to Challenge them in Cross-Examination?
• Burden of Proof – Initial Burden and Shifting  Onus
• Burden on Plaintiff to Prove Title; Weakness of Defence Will Not Entitle a  Decree
• Appreciation of Evidence by Court and ‘Preponderance of Probabilities’ & ‘Probative Value of  Evidence
• Production, Admissibility & Proof Of  Documents
• Proof of Documents – Admission, Expert Evidence, Presumption etc.
• Marking Documents Without  Objection – Do Contents Proved
• Can Documents be Marked In Cross Examination, If Witness Admits  Them?
• Substantive  Documents, and Documents used for Refreshing Memory and Contradicting  
• Oral Evidence on Contents of Document, Irrelevant
• Proof on ‘Truth of Contents’ of Documents, in Indian Evidence  Act
• Relevancy of Civil Case Judgments in Criminal  Cases
• Prem Raj v.   Poonamma Menon (SC), April 2, 2024 – An Odd Decision on ‘Civil Court Judgment does not Bind Criminal  Court’

Law on Documents

• Public Documents: Proof and  Presumption
• Public Documents Admissible Without Formal  Proof
• Admitted Documents – Can the Court Refrain from Marking, for no Formal  Proof?
• Does  Registration of a Document give  Notice to the Whole  World?
• Is Registration of a Deed, Notice to  Government?
• Production, Admissibility & Proof Of  Documents
• Relevancy, Admissibility and Proof of  Documents
• Admission of Documents in Evidence on  ‘Admission’
• Effect of Marking Documents Without  Objection – Do Contents Stand Proved?
• Time Limit for Registration of  Documents
• Registration of Documents Executed out of  India
• How to Prove a Will, in Court?Is Presumption enough to Prove a Registered  Will?
• Are RTI Documents Admissible in Evidence as ‘Public  Documents’?
• Oral Evidence on Contents of Document, Irrelevant
• Proof of  Documents & Objections To Admissibility – How & When?
• Notary-Attested Documents and Presumptions
• Documents Produced With the Plaint are Treated As ‘Part of The  Plaint’
• What is Collateral  Purpose?
• No Application Needed for  Filing or Admitting  Copy
• Presumptions on Documents  and Truth of  Contents
• Presumptions on  Registered Documents  & Truth of Contents
• Notice to Produce Documents in Civil  Cases
• Production of Documents: Order 11, Rule 14 & Rule  12
• Modes of Proof of  Documents
• Secondary Evidence  of Documents & Objections to Admissibility  – How &  When?
• Tharammel Peethambaran vs T. Ushakrishnan, Pankaj Mithal, S.V.N. Bhatti, JJ.,  AIR 2026 SC 938: A Classic Decision on Secondary Evidence
• Marking Secondary Evidence Without Objection: Two Apparently Divergent Views on Waiver and the Mode of Proof of Documents
• Should Objection to Marking Documents be Raised When it is Admitted; Is it Enough to Challenge them in Cross-Examination?
• 30 Years Old Documents and Presumption of Truth of Contents,  under  Sec. 90 Evidence  Act
• Unstamped & Unregistered Documents and Collateral  Purpose
• Adjudication as to Proper Stamp under Stamp  Act
• Marking Documents Without  Objection – Do Contents Proved
• Cancellation of Sale Deeds and Settlement Deeds & Powers of Sub-Registrar in cancelling  Deeds
• Cancellation, Avoidance or Declaration of a Void or Voidable  Deed
• If a Document is Per Se Illegal, or Void Ab Initio, it Need Not be Set  Aside
• Can the True Owner Seek Cancellation  of a Deed, Executed by a Stranger to the  Property
• Substantive  Documents, and Documents used for Refreshing Memory and Contradicting  
• How to Contradict a Witness under Sec. 145, Evidence  Act
• Can a Witness be Confronted with a Photograph During Cross-Examination Without its Prior  Production?
• Saji Koduvath, Advocate, Kottay
• Visual and Audio Evidence (Including  Photographs, Cassettes, Tape-recordings, Films, CCTV Footage, CDs, e-mails, Chips, Hard-discs,  Pen-drives)
• Photograph Evidence, Its Admissibility and Photo-Identification in Court  Cases
• Pictorial Testimony Theory and Silent Witnesses  Theory
• No Adjudication Needed If Power of Attorney is Sufficiently  Stamped
• Can an Unregistered Sale Agreement be Used for Specific  Performance
• Impounding of Documents – When Produced; Cannot Wait Till it is  Exhibited
• Sec. 35 Evidence Act: Presumption of Truth and Probative  Value
• How to Prove Resolutions of a Company; Are Minutes  Necessary?

Documents – Proof and Presumption

• Contents of a Document are to be Proved in Court by Producing Original or Secondary  Evidence
• Marking Secondary Evidence Without Objection: Two Apparently Divergent Views on Waiver and the Mode of Proof of Documents
• Handwriting Expert Evidence: Relevant, But Merely an  Opinion
• Public Documents: Proof and  Presumption
• Is a Section 63(4) Certificate an Essential Prerequisite for the Admission of a Photograph in  Evidence?
• Can the Court Refuse to Mark a (Relevant and Admissible) Document, for (i) there is No Formal Proof or (ii) it is a  Photocopy?
• Photograph Evidence, Its Admissibility and Photo-Identification in Court  Cases
• Marking of Photocopy and Law on Marking Documents on Admission (Without Formal  Proof)
• Proof of Documents  –  Admission, Expert Evidence, Presumption etc.
• Proof on ‘Truth of Contents’ of Documents, in Indian Evidence  Act
• Modes of Proof of  Documents
• ‘Admission’ in Indian  Law
• Marking Documents Without  Objection – Do Contents Proved
• Proof on ‘Truth of Contents’ of Documents, in Indian Evidence  Act
• Admitted Documents – Can the Court Refrain from Marking, for no Formal  Proof?
• Admission of Documents in Evidence on  ‘Admission’
• Effect of Marking Documents Without  Objection – Do Contents Stand Proved?
• Proof of  Documents & Objections To Admissibility – How & When?
• Should Objection to Marking Documents be Raised When it is Admitted; Is it Enough to Challenge them in Cross-Examination?
• Presumptions on Documents  and Truth of  Contents
• Presumptions on  Registered Documents  & Truth of Contents
• Secondary Evidence  of Documents & Objections to Admissibility  – How &  When?
• 30 Years Old Documents and Presumption of Truth of Contents,  under  Sec. 90 Evidence  Act

Interpretation

• Interpretation of Documents – Literal Rule, Mischief Rule and Golden  Rule
• Golden  Rule of Interpretation is Misapplied in Several Cases in  India
• Interpretation of  Statutes  – Literal Rule, Mischief Rule and Golden  Rule
• Golden  Rule of Interpretation is Not the Application of Plain Meaning of the  Words
• Interpretation of Wills
• Appreciation of Evidence by Court and ‘Preponderance of Probabilities’ & ‘Probative Value of  Evidence‘
• Mistake in Boundary or Survey Number will not Invalidate a Document; Insignificant Errors in Pleadings will not Disentitle a  Decree

Contract Act

• Jaspal Singh v. Ashwani Kumar: Earnest Money Refund Clause Does Not Bar Specific Performance unless it is a Substitute for Sale
• What is the Period of Limitation for a Suit on a Promissory  Note?
• Can Filing a Suit Amount to Notice of Termination of  Contract
• Godrej Projects Development Limited v. Anil Karlekar, 2025 INSC 143 – Supreme Court Missed to State  Something
• ‘Sound-mind’ and ‘Unsound-Mind’ in Indian Civil  Laws
• Forfeiture of Earnest Money and Reasonable  Compensation
• Who has to fix Damages in Tort and  Contract?
• UNDUE INFLUENCE and PLEADINGS thereof in Indian  Law
• All Illegal Agreements are Void; but All Void Agreements are Not  Illegal
• If a Document is Per Se Illegal, or Void Ab Initio, it Need Not be Set  Aside
• Can an Unregistered Sale Agreement be Used for Specific  Performance
• Cheating and Breach of Contract: Distinction – Fraudulent Intention at the time of Promise.

Specific Relief Act

• Jaspal Singh v. Ashwani Kumar: Earnest Money Refund Clause Does Not Bar Specific Performance unless it is a Substitute for Sale
• Venkatesha v. KM Venkatamuniyappa: A Rectification Deed Cannot, in the Guise of Correcting an Error, Substitute the Very Subject Matter

Law on Damages

• Law on Damages
• Who has to fix Damages in Tort and  Contract?
• Law on Damages in Defamation  Cases
• Pleadings in Defamation  Suits
• Godrej Projects Development Limited v. Anil Karlekar, 2025 INSC 143 – Supreme Court Missed to State  Something

Easement

• Easement Simplified
• What is Easement? Does Right of Easement  Allow to ‘Enjoy’ Servient Land After Making Improvements Therein  ?
• “Implied Grant” in Law of  Easements
• Implied Grant: A Valid Mode of Creation of Easement under Indian  Law
• “Title Thereto” in the Definition of ‘Prescriptive Easement’ in Sec. 15 of the Indian Easements Act,  1882
• Prescriptive Rights – Inchoate until the Title thereof is Upheld by a Competent  Court
• Will Easement of Necessity Ripen into a Prescriptive  Easement?
• What is “period ending within two years next before the institution of the suit” in Easement by  Prescription?
• Is the Basis of Every Easement, Theoretically, a  Grant
• Extent of Easement (Width of Way) in Easement of Necessity,  Quasi Easement and Implied  Grant
• Easement of Necessity and Prescriptive Easement are Mutually Destructive; But, Easement of Necessity and Implied Grant Can be Claimed  Alternatively
• Plea of Easement by Express Grant and Easement of Necessity: Mutually Exclusive and Destructive
• Can  Easement of Necessity and  of Grant be Claimed in a Suit (Alternatively)?
• Can an Easement-Way be Altered by the Owner of the  Land?
• Village Pathways and Right to Bury are not  Easements.
• Custom & Customary Easements in Indian  Law
• ‘Additional Burden Loses Lateral Support’ – Incorrect  Proposition
• Grant in Law
• A GRANT Must be Construed Most Strongly Against the Grantor
• Travancore Grant Deeds, in  Law
• Right of Private Way Beyond (Other Than)  Easement
• Easement – Should Date of Beginning of 20 Years be&nbs p;pleaded?
• What is Easement, in law? Right of Easement  Simplified
• One Year Interruption or Obstruction will not affect Prescriptive  Easement
• Should the Plaintiff Schedule Servient Heritage in a Suit Claiming Perspective  Easement?
• Necessary Parties in Suits on  Easement
• Easement by Prescription – Grant or ‘Acquiring’ by “Hostile  Act”
• Sec. 7 Easements Act – Natural Advantages Arising from the Situation of Land & Natural Flow of  Water
• Licence and Irrevocable Licence: Section 60 Easements Act Applies only to ‘Bare Licences’ and Not to ‘Contractual  Licences’

Stamp Act & Registration

• Sub-Registrar has no Authority to Ascertain whether the Vendor has  Title
• Title Enquiry by the Sub Registrar is  Illegal
• Cancellation of Sale Deeds and Settlement Deeds & Powers of Sub-Registrar in Cancelling  Deeds
• Time-Limit For Adjudication of Unstamped Documents, before  Collector
• Time Limit for Registration of  Documents
• Presumptions on Registered Documents & Truth of Contents
• Registration of Documents Executed out of  India
• Does  Registration of a Document give  Notice to the Whole  World?
• Is Registration of a Deed, Notice to  Government?
• Registration of a Document Relates Back to the Date when it was Executed
• LAW ON INSUFFICIENTLY STAMPED  DOCUMENTS  
• Adjudication as to Proper Stamp under Stamp  Act
• Unstamped & Unregistered Documents and Collateral  Purpose
• Can an Unregistered Sale Agreement be Used for Specific  Performance
• Impounding of Documents, When Produced; Cannot Wait Till it is  Exhibited
• No Adjudication Needed If Power of Attorney is Sufficiently  Stamped
• Notary Attested Power-of-Attorney Sufficient for Registration
• What is Torrens  System

Natural Justice/Disciplinary Action

• Expulsion of Members & Removal of  Office-Bearers
• Arjun Dass v. The State of AP: Natural Justice Violation in Removal of  Mathadhipati
• Natural Justice – Not an Unruly Horse
• Krishnadatt Awasthy v. State of M.P., 29 January, 2025 – Law on Natural Justice  Revisited

• Court’s Jurisdiction to Interfere in the Internal Affairs of a Club or  Society
• Sec. 91 CPC and Suits Against Wrongful  Acts
• Does Alternate Remedy Bar Civil Suits and Writ  Petitions?
• Civil Rights & Jurisdiction of Civil Courts under Sec. 9  CPC
• Court Interference in Election Process of Societies and  Clubs

Divorce/Marriage

• Presumption of Valid Marriage – If lived together for Long  Spell
• Validity of Foreign Divorce Decrees in  India
• Is  ‘Irretrievable Brake-down of Marriage’, a  Valid Ground for Divorce in  India?
• Foreign Divorce Judgment against Christians having Indian  Domicile

Negotiable Instruments Act

• Does a Cheque-Case under NI Act Lie Against a Partnership/ Trust/  Society?
• Partnership Firm Need Not be an Accused in S. 138 NI Act  Complaint
• Mansi Finance (Chennai) Ltd. v. M. Lalitha (2026 INSC 547, May 26, 2026.): Cheque Bounce (NI Act) Cases: No Deemed Liability to the Directors of a Company or Society; The Complaint Must Disclose Factual  Basis
• Presumptions Regarding Consideration in Cheque Cases under the NI  Act
• An Inchoate Cheque (Signed Blank Cheque or Incomplete Cheque) Cannot be Enforced Through a Court of Law Invoking Presumptions under the NI  Act
• Does Cheque-Case under Sec. 138, NI Act Lie Against a  Trust?
• Sec. 138 NI Act (Cheque) Cases: Presumption of Consideration u/s. 118
• Even if ‘Signed-Blank-Cheque’, No Burden on Complainant to Prove Consideration; Rebuttal can be by a Probable  Defence
• “Otherwise Through an Account” in Section 142, NI  Act
• Where to file Cheque Bounce Cases (Jurisdiction of Court – to file NI Act  Complaint)?
• Cheque Dishonour Case against a Company, Firm or  Society
• What is ‘Cognizance’ in  Law
• What is COGNIZANCE and Application of Mind by a  Magistrate?

Criminal

• Pradeep Nirankarnath Sharma v. The State of Gujarat: The police have no discretion to conduct a preliminary inquiry before registering an FIR in cognizable  offences
• Sadiq B. Hanchinmani v. The State of Karnataka: Supreme Court held – Commission of Cognizable Offence, On the Face of it, Merit Police Investigation
• ‘Prima Facie Case’ in Criminal  Cases

Arbitration

• Seesaw of Supreme Court in NN Global Mercantile v. Indo Unique  Flame
• N.N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd. and Ground Realities of Indian  Situation
• What are Non-Arbitrable Disputes? When a Dispute is Not Referred to Arbitration in spite of Arbitration  Clause
• Termination or Nullity of Contract Will Not Cease Efficacy of the Arbitration  Clause
• No Valid Arbitration Agreement ‘Exists’ – Can Arbitration Clause be  Invoked?

Will

• Interpretation of Wills
• Interpretation of Inconsistent Clauses in a  Will
• Executors of Will – Duties & their  Removal
• A Witness to Hindu-Will will not Lose  Benefit
• Will – Probate and Letters of  Administration
• How to Write a Will? Requirements of a Valid  Will
• Witnesses to the Will Need Not See the Execution of the  Will
• How to Prove a Will, in Court? Is Presumption enough to Prove a Registered  Will?
• When Execution of a Will is ‘Admitted’ by the Opposite Side, Should it be ‘Proved’?
• 30 Years Old Documents- No ‘Absolute’ Presumption of Truth of Contents, under Sec. 90 Evidence  Act
• Suit on Possessory Remedy, Other side Admits Possession; Should the Will be  Proved?
• Presumption on Registered Documents & Truth of  Contents
• Presumptions on Documents and Truth of  Contents
• Parvathi Nairthi v. Laxmi Nairthy: Deprivation of Natural Heirs Not Amount to Suspicious Circumstance; A Will is not Required to be Proved with Mathematical Accuracy; Unregistered Will is  Valid.

Book No.  2:  A Handbook on Constitutional Issues

• Judicial & Legislative Activism in India: Principles and  Instances
• Can Legislature Overpower Court Decisions by an  Enactment?
• Separation of Powers: Who Wins the Race – Legislature or Judiciary?
• Kesavananda Bharati Case: Never Ending  Controversy
• Mullaperiyar Dam: Disputes and Adjudication of Legal  Issues
• Article 370: Is There Little Chance for Supreme Court  Interference
• Maratha Backward Community Reservation: SC Fixed Limit at  50%.
• Polygraphy, Narco Analysis and Brain Mapping Tests
• CAA Challenge: Divergent  Views
• FERA, 1973 And Transfer of Immovable Property by a  Foreigner
• Doctrine of ‘Right to be Forgotten’ in Indian  Law
• Doctrines on Ultra Vires and Removing the BASIS of the Judgment, in ED Director’s Tenure Extension Case (Dr. Jaya Thakur v. Union of  India)
• Dr. Jaya Thakur v. Union of India – Mandamus (Given in a Case) Cannot be Annulled by Changing the  Law
• Art. 370 – Turns the Constitution on Its  Head

Religious issues

• Sabarimala Review: Supreme Court to Decide the Contours of Constitutional  Morality
• Secularism and Art. 25 & 26 of the Indian  Constitution
• Secularism & Freedom of Religion in Indian  Panorama
• ‘Ban on Muslim Women to Enter Mosques, Unconstitutional’
• No Reservation to Muslim and Christian SCs/STs (Dalits) Why?
• Parsi Women – Excommunication for Marrying Outside
• Knanaya Endogamy & Constitution of  India
• Sabarimala Review Petitions & Reference to 9-Judge  Bench
• SABARIMALA REVIEW and Conflict in Findings between Shirur Mutt Case & Durgah Committee  Case
• Ayodhya  Disputes:  M. Siddiq case –Pragmatic Verdict

Book No.  3:  Common Law of CLUBS and SOCIETIES in India

• General
  • General  Features
  • Bye Laws  Fundamental
  • Effect of Registration of Societies and Incorporation of  Clubs
  • Societies and Branches
• Property & Trust
  • Vesting of Property in Societies and  Clubs
  • Incidents of Trust in Clubs and  Societies
  • Can a Trust be Registered as a  Society? Can a Society be Converted into a  Trust?
  • Juristic Personality of Societies and  Clubs
  • Legal Personality of Trustees and Office Bearers
• Suits
  • Suits and Criminal Complaints By and Against a Company
  • Suits By or Against Societies, Clubs
  • Court’s Jurisdiction to Interfere in the Internal Affairs
  • How to Sue Societies, Clubs and  Companies
  • Members of a Charitable Society which Runs a College are Tractable to Prevention of Corruption  Act
  • Does a Cheque-Case under NI Act Lie Against a Partnership/ Trust/  Society?
  • Lifting Corporate Veil of Companies and Subsidiary  Companies
• Amendment and Dissolution
  • Amendment of Bye laws of Societies and  Clubs
  • Dissolution of Societies and  Clubs
• Rights and Management
  • Rights & Liabilities of Members of Clubs and  Societies
  • Individual Membership Rights in Societies & Clubs
  • Management – Powers of General Body and Governing  Body
  • Company, University, Society, etc. Act on ‘Resolutions’
  • Expulsion of Members & Removal of  Office-Bearers
  • Law on Meetings: An  Overview
  • Adjournment of Meetings and Polling of Associations
  • How to Prove Resolutions of a Company; Are Minutes  Necessary?
• Election
  • Election & Challenge in Societies and  Clubs
  • Court Interference in Election  Process
• State Actions
  • State-Interference in Affairs of Societies &  Clubs
• Disciplinary Proceedings Against Employees Co-Operative Societies

Book No.  4:  Common Law of TRUSTS in India

• General Principles
  • Classification of Trusts
  • What is Trust in Law?
  • Public & Private Trusts in  India.
  • Trust is ‘An Obligation’; Not a Legal Entity
  • Indian Law Does Not Accept Salmond, as to Dual  Ownership
  • Trusts and Trust  Deeds
  • Lucknow Nagar Nigam v. Kohli Brothers Colour Lab, 2024-2 SCR  847
• Dedication and Vesting
  • Dedication of Property in Public  Trusts
  • Vesting of Property in  Trusts
  • Incidents of Trust in Clubs and  Societies
  • Can a Trust be Registered as a  Society? Can a Society be Converted into a  Trust?
  • What is Munambam Wakf Land Issue? If there is No Permanent Dedication, there will be No  Wakf.
• Trustees and Management
  • Trustees and Administration of Public Trusts
  • Alienation of Public Trust  Property
  • Extinction, Discharge, Revocation, etc. of Public  Trusts
  • Charitable and Religious Trusts Act, 1920: Provisions as regards opinion, advice or direction of the  Court.
• Breach of Trust
  • Breach of Trust and Removal of Trustees
• Suits by or against Trusts
  • Suits By or Against Trusts and Trustees
  • A Trust Cannot Be Made as a Party  to a  Litigation
  • Remedies Under Sec. 92  CPC
  • Operation Asha   v. Shelly Batra, a Landmark Judgment on Sec. 92, CPC – Critical  Appreciation
  • Does a Cheque-Case under NI Act Lie Against a Partnership/ Trust/  Society?
• Law on Hindu Religious  Endowments
  • Philosophy of  Idol  Worship
  • Is an Idol a Perpetual  Minor?
  • Hindu Temples & Law of  Trusts
  • Law of Mutts and Other Hindu Endowments
  • Shebaits & Mahants and Law of Trustees
• Temples, Gurudwaras, Churches and  Mosques  –  General
  • Legal Personality of Temples, Gurudwaras, Churches and  Mosques
• Constitutional Principles
  • Secularism and Art. 25 & 26 of the Indian  Constitution
  • Secularism & Freedom of Religion in Indian  Panorama
  • ‘Muslim Women: Ban to Enter Mosques, Is it Unconstitutional
  • Parsi Women Excommunication, Unconstitutional.
  • Knanaya Endogamy & Constitution of  India
  • State & Court – Protectors of All Charities
  • Striking Down Legislation Relating to a Trust as Violative of  Article 14 and  300A
• Ayodhya and Sabarimala Disputes
  • Ayodhya  Disputes:  M. Siddiq case – Pragmatic Verdict
  • Sabarimala Review Petitions & Reference to 9-Judge  Bench
  • SABARIMALA REVIEW and Conflict in Findings between Shirur Mutt Case & Durgah Committee  Case
• General
  • Public Trusts and (State) Endowments/Trusts Acts
  • Public Trusts and Indian Trusts Act – An  Overview
  • Business by Charitable Trusts &  Institutions