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M. S. JAWALKAR
Sunita, w/d. Chandrika Sharma – Appellant
Versus
Kantabai, wd/o. Vasantrao Alone – Respondent
JUDGMENT :
(M.S. Jawalkar, J.)
Heard.
2. The present second appeal is filed being aggrieved by the judgment and decree passed by the Court of District Judge 7, Nagpur, in Regular Civil Appeal No.428/2014 upholding the judgment and decree dated 30/08/2014 in Regular Civil Suit No.43/1999 passed by the Court of 7th Junior Civil Judge, Junior Division, Nagpur.
3. The facts in the present appeal are as under: The plaintiff has purchased the suit property Plot No.5 of Mouza Wathoda, P.H. No.34, Pardi, Field No.75/3 admeasuring 4000 sq.ft. from Chandrashekhar Shankarrao Neralwar by registered sale deed dated 22/07/1988, he is in peaceful and lawful possession of the suit property along with construction therein i.e. Zopada. The plaintiff immediately mutated his name in the Municipal Corporation and paid up to date taxes. The plaintiff contended that the suit property was purchased by Chandrashekhar Shankarrao Neralwar from Pujya Ruikar Nagar Sahakari Gruha Nirman Sanstha, Nagpur by a registered sale deed dated 23/02/1988 and thereafter plaintiff purchased the suit property along with Zopada construction.
4. Plaintiff’s case is that, on 20/10/1998 plaintiff along with his family had been t
The main legal point established in the judgment is that possession is a good title against anyone who cannot show a better title. The court emphasized the importance of long possession and the burde....
The doctrine of res judicata between co-defendants must be applied with care and caution, and the findings in a previous suit can operate as res judicata between co-defendants if certain conditions a....
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
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