Voter List Cannot Be Taken As Authentic Proof of His Age: Punjab and Haryana High Court Dismisses Appeal in Ownership Declaration Suit
In a significant judgment, the Punjab and Haryana High Court dismissed an appeal against the concurrent findings of lower courts regarding the dismissal of a suit for declaration of ownership. The appellant had sought declaration based on an alleged valid sale certificate.
Legal Point of the Judgment: The core issue revolved around the validity of a sale certificate and whether the appellant, Prem Singh, was the rightful owner of the disputed land.
Facts and Issues: The appellant claimed ownership of a land parcel in Ropar, asserting that he bought the land in a 1976 auction and was issued a sale certificate in 2005. The case experienced a series of objections, appeals, and revisions, with questions over the legality of the auction process and the appellant’s age at the time of the auction being central concerns.
Court Assessment:
On Auction Process and Delay in Confirmation: The court observed that the auction process was fraught with irregularities, including a lack of proper notification and dubious circumstances surrounding the appellant’s age during the auction.
Age Controversy: Justice Sukhvinder Kaur noted, “Voter list cannot be taken as authentic proof of his age,” emphasizing that the appellant failed to provide conclusive evidence of his age, which was crucial to the validity of his participation in the auction.
Clerical Error in Sale Certificate: The court found that the appellant’s contention of a clerical error in the sale certificate, which he claimed led to a delayed justice, was not tenable.
Earlier Judgments: The High Court aligned with previous judgments that highlighted defects in the auction process and the lack of an independent assessment of evidence by the lower courts.
Decision: The appeal was dismissed, with the court stating it did not raise any substantial question of law. The order underlined the importance of due diligence and transparency in auction processes and the need for concrete evidence in age-related disputes in legal proceedings.
Date of Decision: April 3, 2024
Prem Singh vs. Tehsildar-cum-Sales, Ropar and others
