Back
PARTHIVJYOTI SAIKIA
Syed Nabab Hussain S/o Late Abdul Mazid – Appellant
Versus
Ghograpar Nimna Buniadi Prathamik Vidyalaya – Respondent
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
1. Heard Mr. A. Iqbal, learned counsel representing the appellants as well as Mr. R. Sarma, learned counsel appearing for the respondents.
2. This is a regular second appeal under Section 100 of the Code of Civil Procedure (CPC) whereby the judgment dated 26.11.2018 passed by the court of learned Civil Judge, Nalbari in Title Appeal No. 03/2017, reversing the judgment and decree dated 22.12.2016 passed by the court of learned Munsiff No. 1, Nalbari in Title Suit No. 68/2013, is under challenge.
3. The present second appeal was admitted for hearing upon the following substantial questions of law:
2. Whether judgment and decree passed by the first appellate court is sustainable and tenable in law for non-consideration of material documents in the form of Exhib
The burden of proof lies on the plaintiff to establish exclusive and absolute rights over the suit land, and the court may remand a matter for fresh consideration and permit the parties to adduce add....
A plaintiff can amend a suit to specify claims based on substantial evidence. Courts must consider all relevant claims and evidence to prevent erroneous dismissal.
The main legal point established in the judgment is the requirement to plead and prove essential facts to establish adverse possession, including continuity, publicity, and hostility to the true owne....
The requirement of proving a sale deed as per Section 67 of the Indian Evidence Act and the limitations of the High Court's jurisdiction in entertaining a second appeal under Section 100 CPC.
The validity of a sale deed confers title to the purchaser, and claims of permissive occupation by defendants do not negate this ownership.
The requirement of a substantial question of law for the maintainability of a second appeal under Section 100 CPC was emphasized, along with the principle that ownership established through a registe....
Plaintiff can amend the plaint to claim possession based on a Survey Commissioner's report when the title of the defendant is not obstinate against clear evidence.
A second appeal under Section 100 of the Code of Civil Procedure must involve substantial questions of law, and unregistered tenancy agreements cannot establish non-evictable rights.
The court held that a title deed must be substantiated with clear evidence, and the Survey Commissioner's findings are critical in resolving land disputes.
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
