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ARUN DEV CHOUDHURY
Radheshyam Das S/o Late Gopal Ch. Das – Appellant
Versus
Ajit Kumar Das and S/o Late Ashwini Kumar Das – Respondent
JUDGMENT :
ARUN DEV CHOUDHURY, J.
1. Heard Mr. A. Dasgupta, learned Senior counsel assisted by Ms. B. Das, learned counsel for the appellant. Also heard Md. M.H. Rajbarbhuiyan, learned counsel for the respondents.
2. The present second appeal is directed against the judgment and order dated 14.10.2004 passed by the learned Civil Judge, Senior Division, Karimganj in TA No. 103/2002 whereby the judgment and decree dated 22.07.2002 dismissing the TS No. 207/2000 was affirmed.
3. The present second appeal was admitted by this court on the following substantial questions of law:
2. Whether the suit of the plaintiff/appellant could be dismissed for not inserting any relief of recovery for khas possession in the prayer portion although the plaintiff claimed the same in the alternative manner?”
4. The appellant as plaintiff instituted a Title Suit being TS No. 207/2000 before the learned Civil Judge, Junior Division No. 2, Karimganj for declaration and consequential relief. The plaintiff sought for declaration of right, title and interest over the suit property on the basis of
Possession follows title; documentary evidence prevails over oral testimony in establishing property rights.
In property disputes where neither party has a valid title, the person in prior possession is entitled to recover possession, and a suit for recovery of possession is maintainable even if the title i....
Civil Law - Recovery of khas possession - It is a settled law that entry of names in records of right does not vest any ownership over the said land and is only indicative about the possession over s....
In appeals concerning land ownership, the appellate court must address possession issues; possession is presumed to follow title, and failure to consider this may constitute a serious procedural erro....
Possession must be assessed by the court based on evidence, not merely on the findings of an Advocate Commissioner.
A plaintiff not in possession must seek recovery of possession to maintain a suit for injunction; failure renders the suit non-maintainable.
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