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IN THE HIGH COURT AT CALCUTTA
BIBHAS RANJAN DE
Fabworth Promoters Private Limited – Appellant
Versus
Kolkata Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to set aside previous court order. (Para 1 , 2) |
| 2. background on property ownership and historical context. (Para 3 , 25) |
| 3. arguments regarding limitation and cause of action. (Para 4 , 5 , 6 , 7 , 9) |
| 4. court examines presence of cause of action. (Para 12 , 13) |
| 5. analysis of ownership and limitation arguments. (Para 22 , 23 , 24) |
| 6. conclusion on the rejection of the plaint. (Para 30 , 31) |
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 rec
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 court must read a plaint in its entirety before rejecting it under procedural rules. Summary dismissal is inappropriate where the plaintiff claims dispossession of property by the state, as such cl....
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....
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