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HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, SACHIN SINGH RAJPUT
Laxmi Lakhani, W/o Shri Dilip Lakhani – Appellant
Versus
Rajesh Tah, S/o Shri Madanlal Tah – Respondent
Judgment :
(Rajani Dubey, J.)
1. The plaintiff/appellant herein has filed this appeal being aggrieved by judgment and decree dated 12.09.2023 (Annexure A-1) passed by 1st Additional District Judge, Bilaspur (C.G.), in Civil Suit No. 61-A/2018, whereby the suit filed by the plaintiff/appellant herein for vacant possession of suit property and grant of Rs.8,000/- towards depriving her from the use of suit property with 18% interest from the date of receiving possession, was dismissed. The parties to this appeal shall be referred herein as per their description before the learned trial Court.
2. The case of the plaintiff, in brief, is that the suit property was ancestral property owned and possessed by Ram Kumar Tah. On 17.01.2018, the plaintiff had purchased the suit property from Ram Kumar Tah through two separate registered sale deeds and after the subsequent purchase, her name was recorded in the Nazul record. The tenant is residing in the ground floor of the suit property and the defendants have been residing in the first floor with the permission of the seller Ram Kumar Tah. Before purchasing the suit property, her husband had talked to the tenant and the defendants. The tenant had
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The court clarified that reliance on an unchallenged Commissioner's report for title determination is improper without accurate property measurement, and limitation for recovery of possession involve....
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Rule 9 of Order 26 of Code of Civil Procedure empowers Court to issue commission to make local investigation which may be required for purpose of elucidating any matter in dispute.
In a suit for permanent injunction, the plaintiff must prove possession of the property as of the date of filing; failure to do so results in dismissal.
The court upheld the plaintiff's claim of title to the suit property based on the defendant's admission and the failure of the trial court to adhere to the direction of the appellate court.
The plaintiff must establish proof of absolute ownership and encroachment to succeed in property disputes, with evidence discrepancies adversely affecting claims.
Irregularity in Local Commissioner's demarcation report due to non-compliance with land revenue instructions requires fresh commission, not dismissal of possession suit alleging encroachment.
The failing to prove a Will will result in rejecting claims to property ownership, leading to dismissal of related suits.
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