Back
MITALI THAKURIA
Gopal Ch. Saha S/o Chandra Kumar Saha – Appellant
Versus
Mustt. Ayeshya Khatun – Respondent
JUDGMENT :
MITALI THAKURIA, J.
1. Heard Mr. G.N. Sahewalla, learned Senior Counsel for the appellants/defendants. Also heard Mr. D. Mazumdar, learned Senior Counsel for the respondents/plaintiffs.
2. This instant appeal is filed under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 05.01.2006, passed by the learned Civil Judge (Senior Division), Tinsukia, in T.A. No. 04/1996, dismissing the appeal and upholding the judgment and decree dated 30.10.1995, passed by the learned Munsiff No. 1, Tinsukia, in T.S. No. 89/1993.
3. The case of the plaintiffs/defendants is that Late Somdutt Dahotia, the father of the original defendant Nos. 1 and 2 and Late Dashiram Dahotia were brothers. They, along with original defendant Nos. 14 and 15 were the original owners of the land measuring 21 Bighas, 14 Lessas under Dag No. 790, 830, 1268 and 1174/1265, covered by Periodic Patta No. 263 of Tinsukia Town, Mauza Tinsukia and accordingly, they were possessing the land by making amicable partitions and their names were also mutated in their respective shares.
4. On 03.04.1946, the original defendant Nos. 14 and 15 sold their shares out of the land measuring 20 Bi
The Appellate Court erred in denying recovery of possession despite confirming the plaintiff's title, emphasizing that possession without title is unlawful.
The onus lies on the person claiming right, title, and interest to prove the title by producing the necessary documents.
The court affirmed the principle that established boundaries take precedence over conflicting land titles, and concurrent factual findings by lower courts are upheld unless proven manifestly erroneou....
The non-delivery of possession does not affect the transfer of title, and lack of mutation in revenue records does not extinguish the title of the lawful purchaser.
Civil Suit - Additional Evidence - Wherever additional evidence is allowed the court shall record reason for its admission.
Parties must prove their title claims in property disputes, and long-standing adverse possession can extinguish demand for title.
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
