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SANDEEP N. BHATT
Jadeja Navalba Satubha – Appellant
Versus
Pathan Karim Rehman – Respondent
ORDER :
1. This Second Appeal is filed under Section 100 of the Code of Civil Procedure, 1908 (`CPC’ for short) being aggrieved and dissatisfied with the judgment and decree dated 22.11.2023 passed in Regular Civil Appeal No.144 of 2019 passed by the learned 8th Additional District Judge, Bhuj at Kachchh whereby the appeal preferred by the appellants herein was dismissed and the judgment and decree dated 25.10.2019 passed in Regular Civil Suit No.32 of 2009 by the Additional Civil Court, Mandvi-Kutchch, wherein the suit of the appellants was dismissed, was confirmed.
2. The appellants preferred the suit for recovery of possession of the suit land R.S.No.164 of village Mota Goniyasar, Dub-district Mandvi-Kutch and also for cancellation of registered sale deed dated 15.10.1990 stating it as null and void by stating that the suit land was ancestral land of the plaintiff as the status of Inamdar; that the suit belonged to plaintiffs’ ancestor Jadeja Dungarji Sabraji and Deshalji Ganda and it was placed under mortgage before Joshi Shivji Vaghaji in Vikram Samvant 1947 Kartak Sud 7th by Ruparibai, the suit land was further sold out with mortgage by the heirs of Joshi Shivji Vaghaji before
The court emphasized the importance of proving ownership and complying with the rules of non-joinder of parties and limitation in civil suits.
A second appeal under CPC does not warrant interference when no substantial question of law arises, affirming the necessity of establishing ownership before claiming possession.
The suit was filed after a delay of 28 years and no genuine cause of action was found from the plaint, leading to the dismissal of the appeal.
Second Appeal – Substantial question of law -condition precedent for entertaining and deciding a Second Appeal being existence of a substantial question of law, whenever a question is framed by the H....
It is trite that once declaration of right, title and interest have been granted in favour of a particular person, person who claims adversarial interest has to show a better title as to why he shoul....
The judgment emphasized the importance of establishing legal ownership and possession in land disputes, and highlighted the legal provisions under the Gujarat Municipalities Act 1963, particularly Se....
The possession of the plaintiffs' predecessor-in-interest should be considered as the possession of the plaintiffs for the purpose of Article 142 of the Limitation Act, and the sale of immovable prop....
(1) Redemption of usufructuary mortgage – Defective counter claim of defendant would not take away statutory right to redeem usufructuary mortgage.(2) First appeal can be filed against decree and not....
The main legal point established in the judgment is the requirement for a substantial question of law to be involved in a Second Appeal under Section 100 of the Civil Procedure Code, emphasizing the ....
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