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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI
Nileshbhai Ramanbhai Lad – Appellant
Versus
Niruben Mohanbhai Lad – Respondent
| Table of Content |
|---|
| 1. overview of case and lower court decisions. (Para 1 , 2) |
| 2. arguments of the appellant regarding title and possession. (Para 3) |
| 3. arguments of the respondent countering appellant's claims. (Para 4) |
| 4. court's analysis of title and principles related to possession. (Para 6 , 7 , 8) |
| 5. details on jurisdictional errors and scope of second appeals. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 6. final decision and dismissal of the second appeal. (Para 16 , 17) |
JUDGMENT :
J. C. DOSHI, J.
A. IMPUGNED JUDGMENT AND DECREE:-
1. The present Second Appeal calls in question the legality and propriety of the judgment and decree rendered by the learned Principal District Judge, Navsari, in Regular Civil Appeal No. 52 of 2009, whereby the appellate Court reversed the judgment and decree passed by the learned Principal Senior Civil Judge, Gandevi, in Regular Civil Suit No. 95 of 2003. For the sake of brevity and convenience, the parties shall hereinafter be referred to in their original nomenclature as they stood before the learned Trial Court.
B. BRIEF FACTS OF THE CASE:-
2. Smt. Niruben Mohanbhai Lad, instituted Regular Civil Suit No. 95 of 2003 before the learned Civil Court, seeking possess
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.
A suit for injunction simpliciter is maintainable when there is interference with lawful possession, and a declaration of title is not necessary unless there is a genuine dispute over the title.
(1) Only when title is clear, Court can decide question of de jure possession.(2) Question of title can be decided only by filing a comprehensive suit for declaration of title and not a suit for inju....
A declaration of property ownership requires establishing possession; without it, claims regarding related deeds are insufficient.
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....
The court emphasized the importance of proving ownership and complying with the rules of non-joinder of parties and limitation in civil suits.
The court affirmed that in seeking an injunction over immovable property, examination of title is necessary if challenged by the opposing party.
In a suit for permanent injunction, if the plaintiff establishes title, a reasonable presumption of lawful possession can be drawn. The defendant's challenge to the title must be examined to determin....
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