Supreme Court Establishes New Precedent on Land Ownership Disputes

Kathmandu. The Supreme Court has established a new precedent regarding land ownership disputes in a case concerning land in Sifadol, Bhaktapur. The joint bench of Justices Hariprasad Fuyaal and Nripadhwaj Niroula, interpreting the principle of 'preponderance of evidence,' ordered that land be registered in the government's name by dismissing claims made by individuals when kinship could not be proven. The court's final verdict in the land ownership dispute between Shivaprasad Bhattarai and Sushila Bhattarai determined that 'unclaimed' land would go to the government if the plaintiffs failed to provide sufficient and independent evidence. The full text of the verdict, issued on May 14, 2027, was recently made public.

The dispute originated over a land parcel measuring 3-11-0-0 in Kitta No. 670, located in the former Sifadol VDC Ward No. 8 (A) of Bhaktapur district. The appellant/plaintiff, Shivaprasad Bhattarai, claimed that the land belonged to his ancestor Damodar Bhattarai, who had no heirs, and therefore, it should be transferred to their names as rightful heirs. On the other hand, the defendant, Sushila Bhattarai, residing in Kathmandu, asserted that the land belonged to her father-in-law, Damodar Bhattarai, and that as descendants, they were the actual possessors. Different individuals claimed ownership of the same land, leading to separate lawsuits between the plaintiffs and defendants. In their claim, the plaintiffs in the case submitted copies of land revenue payment receipts for fiscal years 2069/070 and 2072/073, stating that they had been paying land revenue for Kitta No. 670.