Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Kishorbhai Jivansinh Thakor – Appellant
Versus
Premabhai Jerambhai Patel – Respondent
ORDER :
J.C.DOSHI, J.
1. The present Second Appeal is preferred under Section 100 of the Code of Civil Procedure, 1908 (for short, “the Code”), assailing the judgment and decree dated 24.09.2025 rendered by the learned Principal District Judge, Valsad in Regular Civil Appeal No. 11 of 2020, whereby the learned First Appellate Court allowed the appeal and reversed the judgment and decree dated 28.12.2017 passed by the learned Trial Court.
2. For the sake of convenience and to avoid prolixity, the parties shall hereinafter be referred to in accordance with their original status before the learned Trial Court.
BRIEF FACTS:-
3. The respondents herein (original plaintiffs) instituted Regular Civil Suit No. 27 of 2014 before the learned 2nd Additional Civil Judge & JMFC, Valsad, asserting that they had purchased the agricultural land bearing Survey No. 198 (New Survey No. 117) by a registered sale deed dated 02.06.2001 from the original owners and had since remained in possession and enjoyment thereof while regularly paying government dues. It was their case that the land adjoining the suit land on the southern side, being Survey No. 199 (New Survey No. 119), belonged to the original defendan
A proper re-evaluation of evidence by appellate courts is essential, particularly regarding encroachment claims and the burden of proof for adverse possession, as emphasized under Section 100 CPC.
The central legal point established in the judgment is the acceptance of the Survey Knowing Commissioner's report and the rejection of the Defendants' claim of adverse possession, leading to the dism....
[The court established that the burden of proof lies on the defendant to substantiate claims of ownership or tenancy, and failure to do so, coupled with admissions against interest, can lead to a jud....
The main legal point established in the judgment is the reliance on the Advocate Commissioner's report to determine the extent of encroachment and ownership of the disputed property.
The main legal point established in the judgment is the reliance on evidence such as the Advocate Commissioner's report, sale-deeds, and the FMB sketch to confirm encroachment and shortage of land, a....
The High Court's jurisdiction under Section 100 of the C.P.C. is confined to substantial questions of law, prohibiting re-evaluation of evidence or findings of fact.
The Plaintiff's failure to prove possession and the Defendants' ownership of their respective portions led to the rejection of the Plaintiff's claim of encroachment.
Adverse possession requires clear and unequivocal evidence of continuous, open, and hostile possession against the true owner's title, validly pleaded and established.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
