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PARTHIVJYOTI SAIKIA
Mustt. Ajiran Nessa W/o Anowar Hussain – Appellant
Versus
On the Death of Ayenuddin S. K. his Legal Heirs Ayesha Khatun – Respondent
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
1. Heard Mr. F.U. Borbhuya, the learned counsel appearing for the appellant. Also heard Mr. H. Das the learned counsel appearing for the respondent.
2. This is a regular second appeal u/s 100 of the Code of Civil Procedure 1908, against the judgment dated 04.08.2008, passed by the Civil Judge, Goalpara in Title Appeal No. 05/2008, arising out of the judgment dated 11.09.2007, passed by the learned Munsiff No. 1, Goalpara in Title Suit No. 83/2004.
3. This appeal was admitted for hearing upon the following 2 substantial question of law:
2. Whether partial entry of the suit land made in the records of right is sufficient to confer valid title in favour of the respondents-defendants Regulation in view of rebuttal of the same by the appellant side/plaintiff?
4. The appellant file the Title Suit No. 83/2004, against the respondent praying for a decree declaring t
It is a settled position of law that entry in the records of rights never confers any right over any land. For this issue, no elaborate discussion is necessary. 20. Both the substantial question of l....
Order 8 Rule 5 of CPC, prescribes that every allegation of fact in plaint if not denied specifically or by necessary implication or stated to be not admitted in pleadings of defendant, shall be taken....
Under Section 91 of Indian Evidence Act, 1872 when term of any transaction has been reduced to writing they must be proved by production of document.
First appellate court judgment fail to comply with the provision of law as laid in Order 41 Rule 31 of the Code of Civil Procedure. Such a judgment is not sustainable in law.
Concurrent findings of the trial court and first appellate court are binding unless demonstrated to be perverse; appeals under Section 100 cannot disturb established facts without substantial questio....
The court upheld the lower courts' findings that the plaintiff proved his title and possession over the suit land, emphasizing that factual determinations cannot be disturbed without evidence of perv....
An unregistered gift deed does not confer title to real property, necessitating proper registration and the inclusion of all necessary parties in a suit for declaration.
The plaintiffs cannot claim a mere declaration of title without seeking further relief for possession, as stipulated by Section 34 of the Specific Relief Act, rendering the suit not maintainable.
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