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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PARTH PRATEEM SAHU
Ayodhya Singh S/o Karan Singh – Appellant
Versus
Heeramani (Died) Through Lrs. – Respondent
JUDGMENT :
Parth Prateem Sahu, J.
1. This appeal under Section 100 has been preferred by appellant-defendant No. 1 questioning the legality and sustainability of impugned judgment and decree dated 24.09.2013 passed by learned 2nd Additional District Judge, Sakti District Janjgir-Champa in Civil Appeal No. 1-A/2012, by which learned First Appellate Court has allowed the appeal setting aside the judgment and decree passed by learned Civil Judge,Class-II, Jaijaipur, in Civil Suit No. 37-A/2010.
2. For the sake of convenience, parties shall be referred to in terms of their status shown in Civil Suit No. 37-A/2010 before the Trial Court.
3. Brief facts of the case necessary for disposal of this appeal, as projected in the plaint, are that the plaintiff and defendant No.1 jointly purchased land bearing Khasra No. 5124/4, measuring 0.37 acres, from Radheshyam, and their names were duly recorded in the revenue records. Subsequently, partition took place between them, under which each of them received land measuring 0.18 acres, while 0.01 acres of the land was left for a road/ passage. The portion of land allotted to the plaintiff, described in the Schedule A-B-C-D of the plaint (hereinafter re
A suit for declaration of title must seek possession to be valid; relief beyond pleadings is impermissible.
A plaintiff not in possession must seek recovery of possession to maintain a suit for injunction; failure renders the suit non-maintainable.
A suit for declaration of title over undivided property without partition is not maintainable, reaffirming the necessity of establishing specific ownership for claims over joint property.
The plaintiffs cannot claim a mere declaration of title without seeking further relief for possession, as stipulated by Section 34 of the Specific Relief Act, rendering the suit not maintainable.
Point of law - The general rule is that High Court will not interfere with concurrent findings of the Courts below. But it is not an absolute rule. Some of the well recognized exceptions are where (i....
The onus of proving the defence of ouster/adverse possession in a suit for partition, the estoppel of the respondents, and the conduct of the second respondent in not filing any suit and obtaining a ....
The main legal point established in the judgment is the determination of co-ownership and possession rights over the disputed land, leading to the grant of a declaration and permanent injunction in f....
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
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