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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PARTH PRATEEM SAHU
Jaymaniya, (Dead) Through Lrs.- Smt. Pushpa Sarthi, W/o. Radheshyam Sarthi – Appellant
Versus
Bundkunwar, (Died) Through His Legal Heirs- Krishna, D/o. Late Gariba – Respondent
Order :
PARTH PRATEEM SAHU, J.
1. This second appeal is filed challenging legality and sustainability of the judgment and decree dated 30.11.2012 passed in Civil Appeal No.20A/2012 by learned 1st Additional District Judge, Manendragarh at Baikunthpur, District Koriya by which judgment dated 30.4.2008 passed by learned 2nd Civil Judge Class-1, Baikunthpur in Civil Suit No.59A/2006 is set aside and suit of plaintiff is decreed.
2. Facts relevant for disposal of this appeal are that plaintiff/original respondent No.1 filed a suit for declaration of title, declaring the plaintiff to be owner of land subject matter of suit. Further, relief of injunction is also sought against the defendants of not to interfere in peaceful possession of plaintiff over disputed land either herself or through her servant, relatives or any other representative on the ground that land mentioned in Schedule-A is ancestral property situated in village Baikunthpur. This land was self acquired property of Hiralal and Dwarika as it was allotted to Hiralal during Sarguja-Koriya Estate Settlement, who was in possession during his lifetime till 1969 when he died. After death of Hiralal, Dwarika succeeded the property o
A marriage is void if either party has a living spouse, affecting property rights under Hindu Law. The cause of action for declaring property rights occurs at the time of infringement or threat of in....
A female Hindu's property acquired is exclusively hers; mutation entries do not convey title. Plaintiff's suit was time-barred due to lack of diligence in asserting her rights.
Plaintiff proved ownership of contested land through valid sales despite challenges, underscoring importance of credible evidence in property disputes and limitations of revenue records as evidence.
In a suit for declaration of title, the plaintiff must prove ownership; failure to seek possession forfeits claims against an adverse possessor.
Possession must be adverse and hostile to establish adverse possession; mere long-term possession does not equate to legal title without evidentiary support.
A property title can be established through continuous possession and municipal records, even without formal titles, emphasizing the rules of inheritance and evidence in property disputes.
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