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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
| Table of Content |
|---|
| 1. plaintiff seeks declaration of title and injunction. (Para 1 , 2) |
| 2. defendant denies plaintiff's claims and presents her history. (Para 3 , 4) |
| 3. first appellate court supports plaintiff's position. (Para 5 , 6) |
| 4. court analyzes issue of limitation. (Para 7 , 8 , 9) |
| 5. cause of action defined in context of revenue records. (Para 10 , 11) |
| 6. marriage laws and validity crucial to property succession. (Para 15 , 18 , 23) |
| 7. legal interpretation of widow's status under hindu law. (Para 19 , 20 , 21) |
| 8. appeal dismissed; no merit found in appellant's arguments. (Para 24 , 25 , 26) |
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 subj
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.
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