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Introduction
The Allahabad High Court, in Nagar Nigam Ghaziabad and Another v. Indra Mohan Sachdev [2026 LiveLaw (AB) 101], set aside a trial court decree and directed administrative action against the presiding judge, terming the lower court’s conduct a case of “daylight judicial murder.” Justice Sandeep Jain found that the trial judge had deliberately ignored a death certificate to grant an illegal property decree, causing wrongful gain to the plaintiff.
This case highlights the importance of judicial integrity in property disputes and reiterates established principles regarding the admissibility of certified copies of public documents and the inability of tenants to claim adverse possession against landlords.
Facts of the Case
Background
Sushila Mehra was the owner of a property in Ghaziabad. She passed away on 2 April 1996, as recorded in a death certificate issued by the Hyderabad Municipal Corporation.
The plaintiff, Indra Mohan Sachdev, was a tenant in the property. His father had originally rented the premises from Sushila Mehra during her lifetime.
The Delhi High Court Decree
In a separate proceeding in 2022, the Delhi High Court, in a suit between Nandkishore Mehra and Sushila Mehra (and others), declared Nandkishore Mehra as the owner of the property. This established the chain of ownership.
The Disputed Suit (2019)
In 2019, Sachdev filed a civil suit against Nagar Nigam Ghaziabad seeking a direction to mutate the property in his name. He claimed ownership based on an earlier ex parte decree and adverse possession. The municipal body contested the suit, arguing that Sachdev was merely a tenant and could not claim ownership.
Critical Evidence Ignored
During the trial, the defendant produced a photocopy of Sushila Mehra’s death certificate issued by the Hyderabad Municipal Corporation, proving that she had died in 1996 — nearly 23 years before Sachdev filed his suit. This was critical because the foundational decree on which Sachdev relied had been passed against a person who was already deceased, rendering it a nullity.
Trial Court’s Reasoning
The Civil Judge (Senior Division), Ghaziabad, rejected the death certificate photocopy on the sole ground that it was not the original document, reasoning that “death certificates are never in original form” but remain with the legal heirs. Based on this reasoning, the trial judge passed a decree on 13 May 2025 directing Nagar Nigam Ghaziabad to mutate the property in Sachdev’s name.
High Court’s Analysis
On the Death Certificate
Justice Sandeep Jain observed that the trial court’s reasoning for rejecting the death certificate was “shocking, perverse and tainted with extraneous considerations.” The Court noted that birth and death certificates are public documents. By their very nature, they exist only as certified copies issued by the registering authority — the “original” is the register maintained by the municipal authority, and what individuals receive are certified copies. Rejecting a certified copy on the ground that it is “not original” betrays a fundamental misunderstanding — or deliberate disregard — of the law of evidence.
On Adverse Possession by a Tenant
The Court reiterated the settled legal principle that a tenant cannot deny the title of the landlord and is not entitled to claim ownership on the basis of adverse possession against the landlord. This principle is derived from Section 116 of the Indian Evidence Act, 1872 (now Section 119 of the Bharatiya Sakshya Adhiniyam, 2023), which creates an estoppel against tenants from denying the landlord’s title at the beginning of the tenancy.
On Decrees Against Deceased Persons
The Court held that a decree passed against a person who is already dead is a nullity in law. Since Sushila Mehra had died in 1996, any decree passed against her in subsequent proceedings was void ab initio and could not form the basis of any claim.
”Daylight Judicial Murder”
Justice Sandeep Jain characterised the trial court’s conduct as follows:
“This is a case of deliberate judicial misconduct, which renders the integrity of the Judge doubtful. It is a case of daylight judicial murder.”
The Court further observed that the trial judge’s reasoning was “blatant, dishonest and illegal” and appeared to be “tainted with extraneous considerations” aimed at causing wrongful gain to the plaintiff.
Orders
- The decree dated 13 May 2025 passed by the Civil Judge (Senior Division), Ghaziabad, was set aside
- The first appeal filed by Nagar Nigam Ghaziabad was allowed
- The Court directed that the matter be placed before the Chief Justice of the High Court for appropriate administrative action against the trial judge
Key Legal Principles
Admissibility of Certified Copies
Under Sections 74 and 77 of the Indian Evidence Act, 1872 (now Sections 78 and 81 of the Bharatiya Sakshya Adhiniyam, 2023), certified copies of public documents — including birth and death certificates — are admissible in evidence and carry the same evidentiary value as the original register.
Tenant’s Estoppel
Section 116 of the Indian Evidence Act (Section 119, BSA 2023) provides that a person who has been admitted to possession of immovable property by another, representing themselves as the tenant of that person, shall not deny the title of the landlord at the commencement of the tenancy.
Decree Against a Dead Person
A decree passed against a person who was dead at the time of institution of the suit is a nullity and not merely voidable. It can be challenged at any stage and requires no limitation period.
Important Points to Remember
- Certified copies of public documents (birth certificates, death certificates, land records) are admissible in evidence and should not be rejected merely because they are not “originals”
- A tenant cannot claim adverse possession against the landlord — this is a settled principle of law based on the doctrine of estoppel
- A decree against a deceased person is a nullity in law and confers no legal rights
- Courts must evaluate evidence objectively and honestly — deliberate disregard of material evidence may constitute judicial misconduct
- The High Court may direct administrative action against trial court judges whose conduct falls below acceptable standards of judicial integrity
Useful Resources
- LiveLaw — Nagar Nigam Ghaziabad v. Sachdev
- Indian Kanoon — Full Judgment
- e-Courts Services — Check case status online
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