CASE BRIEF

CASE NAME AND CASE LAW:

State of Goa v. Narayan v. Goankar and Ors.; {Civil Appeal No.
10907 of 2018}; {Record of Rights and Register of Cultivators
Rules, 1969}
FACTS:
The suit was filed by the plaintiffs to direct survey authorities to
delete name of Forest Department from the survey entry and to
declare the Plaintiffs as the exclusive owners of the owners.
The defendants pleaded that the entire plantation existing there
are planted and enjoyed by the Forest Department.
ISSUE:
Whether the counter-claim deserves to be allowed?
JUDGEMENT:
The Hon’ble Supreme Court on March 4th, 2020 by a Division
Bench declared by Justice Ashok Bhushan and Justice Navin
Sinha held that the record of the proceedings sheet indicates
that after recording the statement of plaintiff the case was
closed. From the additional evidence brought, the name of the
Forest Department recorded in a survey, deletion of which had
been refused and the name of plaintiffs in the recorded in the
manner and circumstance in which t came on the records of
rights did not establish any claim of the plaintiffs and the
defendants had clearly made out the case for allowing counter-
claim. This, the counter-claim deserves to be allowed and the
judgement of courts was to be modifies to the extent.