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VALMIKI SA MENEZES
Ramanand Gunaji – Appellant
Versus
Raghuvir Shamba – Respondent
JUDGMENT/ORDER
1. This second appeal impugns judgment and decree dtd. 29/1/2010 of the District Court, Mapusa passed in Regular Civil Appeal 64/2009. The appeal has been admitted on the following substantial questions of law:
(ii) Whether the findings of the Appellate Court that the respondents were in settled possession of the space outside the door of Shop No.98, based on the exhibits PW1/J, PW1/M, PW1/E, and PW1/C and the bills from the year 1989 to 1992 can be sustained in law, when neither the authors of the said documents were examined nor the said documents taken at its face value could establish the respondents' possession of the space outside Shop No.98?
(iii) Whether the Appella
A claim of settled possession must be substantiated by clear evidence and cannot be established merely through assertions; the burden of proof lies with the claimant to demonstrate possession and the....
Family arrangements must resolve disputes equitably, but exclusive claims over joint family property require clear evidence of partition, which was lacking in this case.
The law in India accords with the jurisprudential thought as propounded by Salmond, respecting possession even if there is no title to support it. Possession can only be resumed by the true owner in ....
Question of title can be looked into in a suit for injunction unless same is very complicated – A person who is in settled possession cannot be dispossessed except in accordance with law.
A plaintiff not in possession must seek recovery of possession to maintain a suit for injunction; failure renders the suit non-maintainable.
A suit for injunction simplicitor is not maintainable without a declaration of ownership, especially when the plaintiff admits that part of the property is in the possession of the defendants.
The main legal point established in the judgment is the admissibility and validity of a Family Settlement Deed, emphasizing that it does not require registration if it does not create or extinguish a....
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