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GOUTAM BHADURI, RAJANI DUBEY
Pramod Kumar Kalmegh, S/o Gyandev Kalmegh – Appellant
Versus
Kumari Bai, W/o Late Lalji – Respondent
JUDGMENT :
Goutam Bhaduri, J.
1. The present appeal has been preferred by the appellants/plaintiffs against the judgment and decree dated 20.12.2019 passed by the learned 4th Additional District Judge, Durg passed in Civil Suit No.48-A/2014, whereby the suit filed by the appellants/plaintiffs has been dismissed.
2. (i) The facts of the case in brief are that the appellants/plaintiffs are the real brothers. They had purchased a plot bearing Khasra No.2767/2, area admeasuring 0.02 Hectares i.e. 38x60=2280 sq. ft. by a registered sale deed dated 05.02.2001 (Ex-P/6) from Pundlik. The surrounding of the plot was also shown in the sale deed and adjacent to the plot, two feet lane was remaining and one house of Nana Keshav Rao Singhote was shown to be as identification mark. The plaintiffs pleaded that initially the land, which was bearing Khasra No.293/2, was sold by one Kedarnath Chandrakar to Pundlik on 16.07.1979, which was admeasuring 2400 sq. ft. It was further pleaded that Kedarnath who was also owner of Khasra No.293 sold a part of it i.e. Plot No.76 admeasuring 2400 sq. ft. to Nana Singhote. The appellants/plaintiffs purchased Khasra No.2767/2 from Pundlik on 05.02.2001. The area of
The main legal point established in the judgment is that boundaries shown in the sale deeds prevail over the measurement, and demarcation reports carry presumptive value of correctness unless rebutte....
Proper identification of property ownership is essential in disputes, and prior deeds must reflect accurate details to establish rightful title.
Non-compliance with certain instructions regarding demarcation of boundaries, such as recording statements of parties or fixing three Pucca points, will not vitiate the demarcation as a whole.
Appellate Court may permit additional evidence to be produced whether oral or documentary, if conditions mentioned in Order 41 Rule 27 are satisfied.
In boundary injunction suits, plaintiff bears burden to prove ownership/possession of disputed embankment/trees via cogent evidence like demarcation; revenue records presumed true unless rebutted; ap....
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