In a strongly worded judgment, the Allahabad High Court has set aside a civil court’s order directing Nagar Nigam Ghaziabad to record a private individual as owner of an industrial plot.
Justice Sandeep Jain, delivering the verdict, held that the earlier decree on which the claim was based was a “nullity” because it had been passed against a person who had already died years before the suit was filed.
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The judgment was delivered on February 24, 2026, in First Appeal No. 702 of 2025 .
Background of the Case
The dispute revolves around Plot No. 9, Anand Industrial Estate, GT Road, Ghaziabad.
Indra Mohan Sachdev had earlier obtained an ex-parte decree in 2022 declaring him owner of the property on the basis of adverse possession. He then approached the municipal corporation seeking mutation of his name in the property records.
When the Nagar Nigam did not enter his name, he filed a suit seeking a mandatory injunction directing the civic body to update the records.
The trial court decreed the suit in May 2025 and ordered the corporation to register his name as owner. Aggrieved, Nagar Nigam Ghaziabad filed an appeal before the High Court.
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What the Appellants Argued
Counsel for the municipal corporation argued that the 2022 decree declaring Sachdev owner was void from the beginning.
The reason: the original defendant in that suit, Sushila Mehra, had died on April 2, 1996 - nearly 23 years before the suit was filed. A decree passed against a dead person, they contended, has no legal effect.
It was also argued that payment of house tax does not confer ownership. Municipal records, the appellants said, are maintained only for fiscal purposes.
Court’s Observation
The High Court carefully examined the earlier decree and the evidence on record.
Justice Jain observed, “It is apparent that O.S. No. 1126 of 2019 was filed much after the death of Sushila Mehra… applying the law laid down by the Apex Court, the decree was a nullity.”
The Court relied on settled Supreme Court precedents which hold that any decree passed against a deceased person is void and unenforceable.
It further noted that the trial court had wrongly rejected the death certificate merely because it was filed as a photocopy. The High Court said there was no reason to doubt its authenticity, especially when related court proceedings had already acknowledged the death.
On the issue of municipal records, the Court made it clear that mutation entries do not establish title. “Merely on the basis of payment of house tax, neither can anyone acquire ownership nor proclaim to be its owner,” the bench said in substance.
Adverse Possession Claim Rejected
The Court also addressed the claim of ownership by adverse possession.
It noted that the plaintiff’s own evidence showed that his father had originally taken the property on rent from Sushila Mehra in 1969. A tenant, the Court observed, cannot later claim ownership by adverse possession against the landlord without clearly surrendering possession first.
Since the possession began as permissive (with consent), the claim of hostile possession was legally unsustainable.
Strong Words on Trial Court Conduct
In an unusually sharp remark, the High Court criticised the trial court for ignoring crucial evidence.
The judgment described the reasoning for discarding the death certificate as “shocking” and said the impugned order could not be legally justified.
The Court directed that the file be placed before the Chief Justice for appropriate administrative action regarding the conduct of the concerned trial judge.
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The Final Decision
Allowing the appeal, the High Court set aside the judgment and decree dated May 13, 2025.
The original suit (O.S. No. 960 of 2024) filed by Indra Mohan Sachdev was dismissed with costs.
Case Title: Nagar Nigam Ghaziabad & Another vs. Indra Mohan Sachdev
Case No.: First Appeal No. 702 of 2025
Decision Date: 24 February 2026
