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AJOY KUMAR MUKHERJEE
Alauddin Sheikh – Appellant
Versus
Santu Sheikh – Respondent
JUDGMENT :
Ajoy Kumar Mukherjee, J.
1. This second appeal has been preferred by the appellants/plaintiffs against the judgment and decree dated 28.01.1984 passed by learned Additional Sub Judge, Murshidabad. By the impugned judgment learned court below was pleased to set aside the judgement and decree passed by the Trial Court in Title Suit no 41 of 1977 dated 07.03.1983.
2. Before the Trial court plaintiffs/appellants filed aforesaid Title Suit no. 41 of 1977 contending that Heraj Seikh, Minaj Seikh, Khokon Bibi and Zeratun Bibi were the original owners of the properties described in ‘Ka’ Schedule to the plaint under Zamindar Purna Chandra Tribedi. Said Zamindar Purna Chandra filed a rent suit being no 1862 of 1937 against aforesaid owners for arrear of rent of Rs. 46/-. Since the aforesaid occupiers failed to pay the decretal amount of Rs. 46/-, the property mentioned in ‘Ka’ schedule was auctioned and the present plaintiff and his brother Joulus Sk purchased the ‘Ka’ schedule property form the auction sale on 21.11.1938 and took possession of the properties. The said sale was confirmed on 20.01.1939.
3. Joulus Sk thereafter died leaving behind his brother i.e. plaintiff as only lega
A plaintiff must seek recovery of possession within one year of auction sale confirmation; failure to do so bars the suit under the Specific Relief Act.
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
Mutation or revenue entries are made only for fiscal purposes for deciding liability to pay land tax or land revenue.
The burden of proof rests on the plaintiff to demonstrate ownership through valid sale documents, emphasizing the execution date over registration date for property law.
In a suit for declaration of title, the plaintiff must prove ownership; failure to seek possession forfeits claims against an adverse possessor.
In a suit for permanent injunction, if the plaintiff establishes title, a reasonable presumption of lawful possession can be drawn. The defendant's challenge to the title must be examined to determin....
Possession follows title; entries in revenue records do not confer ownership. A suit for injunction is maintainable without seeking declaration of title when possession is established.
A suit for injunction is not maintainable without a concurrent suit for declaration of title when ownership is disputed, emphasizing the necessity of primary evidence in possession claims.
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