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DEVASHIS BARUAH
Nagen Das S/o Late Manik Das – Appellant
Versus
Naran Das S/o Late Janik Das – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. D. Choudhury, the learned counsel appearing on behalf of the Appellant.
2. The instant second appeal was admitted by formulating the following substantial question of law vide an order dated 30/6/2008:
3. For adjudicating the substantial question of law so formulated in the instant appeal, it would be relevant to take note of the brief facts leading to the filing of the instant appeal.
4. For the purpose of convenience, the parties herein are referred to in the same status as they stood before the Trial Court.
5. The records reveal that the Appellant herein as Plaintiff had instituted a suit which was registered and numbered as Title Suit No. 15/2002, seeking a decree of khas possession in favour of the plaintiff, declaring his right as a ‘rayat’ over the land described in the Schedule to the plaint; for a decree of permanent injunction restraining the Defendants from disturbing the peaceful possession of the Plaintiff on the land described in the Schedul
Section 33 of Indian Evidence Act, 1872 stipulates as to when evidence given by a witness in judicial proceedings or before any person authorized by law to take it relevant for purpose of proving in ....
The court upheld the admissibility of historical tenancy documents under Section 90 of the Evidence Act, confirming the plaintiffs' rights over the land despite challenges regarding document validity....
The record of rights (Khatian) is presumptive evidence of ownership, establishing Rayati rights until disproved, leading to recovery of possession.
In property disputes, admissions by the defendant regarding ownership can significantly influence the outcome, and the absence of documentary evidence does not necessarily bar a decree for eviction i....
The main legal point established in the judgment is the interpretation of documents and the application of the principle of adverse possession in property disputes.
Adverse Possession – When a possession is sought on the ground of Sada-deed of Dar Raiyat, law of adverse possession is not available.
The admissibility of secondary evidence requires adherence to specific legal procedures, and the principle of res-judicata applies when the same issues have been previously adjudicated.
Adverse Possession – Necessary ingredients to constitute adverse possession must be proved in order to perfect title over land.
The courts upheld the plaintiff's occupancy rights over the disputed land, emphasizing the necessity of proper procedural adherence and the inadmissibility of unregistered documents for establishing ....
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