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KHATIM REZA
Ranjit Singh @ Ranjit Kumar Singh – Appellant
Versus
State of Bihar – Respondent
ORDER
Heard Mr. Dharmesh Kumar Shrivastava, learned counsel appearing on behalf of the appellants and Mr. Syed Firoz Raza, learned counsel appearing on behalf of respondent nos. 2 to 8 under Order XLI, Rule 11 of the Code of Civil Procedure (for brevity ‘the Code’).
2. Originally, the plaintiff namely, Rajendra Rai filed this Second Appeal against the judgment and decree dated 26.09.2018 passed by Learned 3rd Additional District Judge, Bhojpur at Arrah in Title Appeal No. 88 of 2014, whereby the lower appellate court dismissed the appeal and affirmed the judgment of the trial court dated 21.08.2014 passed by learned Munsif, Arrah, in Title Suit No. 86 of 1991.
3. The sole plaintiff/appellant died during the pendency of this Second Appeal and was substituted by his heirs vide order dated 05.09.2022.
4. Rajendra Rai, the father of the appellants filed the aforesaid Title Suit to declare that the suit land belongs to the plaintiff who perfected right over the same and the survey entry with respect to the land is wrong and also by way of amendment prayed for declaring that the order dated 24.07.2007 passed by the District Superintendent of Survey, Bhojpur at Arrah in Survey Appeal No. 165
The settlement order, revenue records, and lack of evidence supporting adverse possession claims were crucial in establishing the plaintiffs' continuous possession and defeating the defendants' claim....
Adverse Possession – When a possession is sought on the ground of Sada-deed of Dar Raiyat, law of adverse possession is not available.
Adverse Possession – Necessary ingredients to constitute adverse possession must be proved in order to perfect title over land.
The record of rights (Khatian) is presumptive evidence of ownership, establishing Rayati rights until disproved, leading to recovery of possession.
The main legal point established in the judgment is the requirement to plead and prove essential facts to establish adverse possession, including continuity, publicity, and hostility to the true owne....
The court upheld the admissibility of historical tenancy documents under Section 90 of the Evidence Act, confirming the plaintiffs' rights over the land despite challenges regarding document validity....
A plaintiff not in possession must seek recovery of possession to maintain a suit for injunction; failure renders the suit non-maintainable.
Possession established through reclamation under the C.N.T. Act is valid if supported by evidence of landlord consent, and findings from criminal proceedings do not bind civil courts.
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