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IN THE HIGH COURT AT CALCUTTA
BIBHAS RANJAN DE
Fabworth Promoters Private Limited – Appellant
Versus
Kolkata Municipal Corporation – Respondent
JUDGMENT :
Bibhas Ranjan De, J.
Preface:-
1. The instant revision application has been preferred before this Court by the aggrieved petitioner, with a fervent prayer to set aside the impugned order dated 08.11.2017 whereby the Ld. 4th Civil Judge, (Senior Division) at Alipore in the Title suit no. 2611 of 2016, had erroneously and with respect, incorrectly declined to accede to the just and legitimate prayer made in the application filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as CPC)
Background facts:-
2. The plaintiff/opposite party no. 1 had filed a suit for declaration of title and consequential reliefs including a prayer for declaration that the lease deed dated 28.09.2007 is void ab initio and further sought for recovery of possession and permanent injunction against the defendant no. 1/petitioner herein qua the suit property mentioned in the schedule to the plaint.
3. The defendant no. 1/petitioner preferred an application under Order VII Rule 11 of CPC contending inter alia that the plaint fails to disclose the cause of action delineating the fact of acquiring title over the suit property by the plaintiff/opposite party no. 1 and al
The court affirmed that a suit regarding title to property is barred by limitation under Article 58 of the Limitation Act, if not filed within three years of the cause of action arising.
The court held that expired leases do not create continuing tenancies without mutual consent, rejecting claims based on former rental agreements and emphasizing statutory authority for tenure determi....
In property disputes, once a plaintiff proves title, the burden shifts to the defendant to establish adverse possession; failure to do so results in the plaintiff's claim being upheld.
A suit for declaration of title without seeking possession is not maintainable under the Specific Relief Act.
Point of Law : It is a well-settled principle of law that a party claiming adverse possession must prove that his possession is 'nec vi, nec clam, nec precario', that is, peaceful, open and continuou....
The court affirmed the principle that established boundaries take precedence over conflicting land titles, and concurrent factual findings by lower courts are upheld unless proven manifestly erroneou....
The main legal point established in the judgment is that the right to sue depends on the actual cause of action, and an illusory cause of action created by clever drafting in the plaint can lead to t....
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