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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Kishorbhai Jivansinh Thakor – Appellant
Versus
Premabhai Jerambhai Patel – Respondent
| Table of Content |
|---|
| 1. plaintiffs assert rightful possession of land. (Para 3) |
| 2. appellant's legal arguments challenging appellate court's findings. (Para 4 , 5) |
| 3. court's detailed analysis underlines the legal standards and evidentiary issues. (Para 6 , 7 , 8 , 9 , 10) |
| 4. importance of establishing adverse possession clearly. (Para 11 , 12) |
| 5. dismissal of the appeal due to lack of substantial legal questions. (Para 14 , 15) |
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
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.
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