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KHATIM REZA
Chairman, NJMC Ltd. – Appellant
Versus
Umesh Kumar Chamaria – Respondent
Khatim Reza, J. – Heard Mr. Shekhar Singh, learned counsel for the appellants, Mr. Chitranjan Sinha, learned senior counsel for respondent nos.1 to 4 and Mr. Pradeep Kumar, learned counsel for respondent no. 5 – Union of India.
2. The present appeal has been preferred against the judgment and decreed dated 30.4.2019, passed by learned Sub- Judge-VI, Katihar in Title Suit No. 158 of 2011, whereby the learned Trial Court has decreed the suit on contest but without cost, and declared that the plaintiffs are having a perfect and valid right title and interest over the suit land, and the defendants and their employees, servants, assignee were restrained permanently from interfering the peaceful possession of the plaintiffs over the suit land.
3. Defendants No. 2 and 3 are the appellants, and Plaintiffs are respondent nos. 1 to 4. Defendant No. 3 is the respondent no 5.
4. The plaintiffs filed the aforesaid Title Suit for declaration of title and confirmation of position of the suit land and also for decree of permanent injunction for restraining the defendants from interfering into the
Civil Suit - Additional Evidence - Wherever additional evidence is allowed the court shall record reason for its admission.
In a suit for declaration of title, the plaintiff must prove ownership; failure to seek possession forfeits claims against an adverse possessor.
A suit for declaration of title without seeking possession is not maintainable under the Specific Relief Act.
Revenue records do not confer title; ownership must be established through valid documentation and historical possession.
Point of law: Considerations in terms of Section 100 CPC arise only when there is substantial question of law and not mere such questions of law or one based on facts. The learned counsel for the res....
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