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PETITIONER: SRI MONOHAR DAS MOHANTA
Vs.
RESPONDENT: CHARU CHANDRA PAL AND OTHERS.
DATE OF JUDGMENT: 20/12/1954
BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA MAHAJAN, MEHAR CHAND (CJ) BHAGWATI, NATWARLAL H. JAGANNADHADAS, B. SINHA, BHUVNESHWAR P.
CITATION: 1955 AIR 228 1955 SCR (1)1168
ACT: Lost Grant-Presumption of-When such presumption does or does not arise-Legality of lost grant of Niskar from Mohunt-Plead- ing and proof-Findings of fact.
HEADNOTE: A presumption of a lost grant arises in favour of a person who does not claim adversely to the owner but who on the other hand proves ancient and continued possession in assertion of a title derived from the owner without any challenge and such possession and assertion cannot be accounted for except by referring to a legal origin of the grant claimed. But the presumption of a lost grant is not an irrebuttable presumption of law and the court cannot presume a grant where it is convinced of its non-existence by reason of a legal impediment, as where the presumption of a lost grant is claimed by a fluctuating body of persons. Similarly a presumption of a lost grant cannot arise when there is no person capable of making such a grant or if the grant pleaded is illegal or beyond the powers of the grantor. A presumption of a lost grant by way of Niskar cannot be im- puted to the M...