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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
Nagar Panchayat, Rajim, Through Chief Municipal Officer – Appellant
Versus
Tarabai, W/o. Shri Shantilal Parekh – Respondent
JUDGMENT :
NARENDRA KUMAR VYAS, J.
1. This second appeal has been filed by the defendants under Section 100 of the C.P.C. against judgment and decree dated 05.02.2015 passed by Additional District Judge, Gariyaband, District- Gariyaband (C.G.) in Civil Appeal No. 14-A/2013 (Smt. Tarabai & others Vs. Nagar Panchayat Rajim & others) by which the appeal preferred by the plaintiffs have been allowed and the judgment and decree dated 18.10.2013 passed by Civil Judge Class-II, Rajim, District- Gariyaband (C.G.) in Civil Suit No. 63-A/2008, has been set aside.
2. For the sake of convenience, the parties shall be referred to in terms of their status in Civil Suit No. 63-A/2008.
3. The instant Second Appeal has been admitted for hearing by this Court vide order dated 28.04.2025 on following substantial questions of law:-
1. Whether the learned First Appellate Court was justified in reverting the well reasoned finding recorded by the trial Court dismissing the suit of the plaintiff on the count that the plaintiff has failed to prove his title?
2. Whether the Appellate Court was justified in recording a finding regarding sale of suit land through auction by auctioner?
4. This Court on 27.07.2025 aft
The case reinforces that without valid proof of title and possession, a civil suit to restrain eviction is not maintainable, particularly when procedural requirements of notice under relevant legisla....
Adverse possession claims require acknowledgment of the original owner's title; mere long-term possession without proof of acknowledgment negates the claim.
In property disputes where neither party has a valid title, the person in prior possession is entitled to recover possession, and a suit for recovery of possession is maintainable even if the title i....
Claim of adverse possession requires open, continuous possession with knowledge to the rightful owner. Plaintiffs failed to provide sufficient evidence, resulting in dismissal.
The judgment affirms that civil courts lack jurisdiction over certain land disputes involving aboriginal tribes under specific statutory provisions.
The burden of proof lies on the party asserting ownership or adverse possession, and mere entries in khatian records do not suffice to establish title without supporting evidence.
Possession – Revenue records - If someone claims title by virtue of their long possession, such possession should be evidenced through valid pattas and other continuous revenue records standing in th....
The judgment emphasizes the legal principles of adverse possession, including the requirements of open, clear, continuous, and hostile possession, burden of proof, and the need for a substantial ques....
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