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PARTHIVJYOTI SAIKIA
Renu Bhuyan, W/o. Late Mukul Bhuyan – Appellant
Versus
Ananda Saikia, S/o. Late Sonaram Saikia – Respondent
JUDGMENT :
1. Heard Mr. R.K. Bhuyan, learned counsel appearing for the appellant as well as Mr. B.D. Das, learned senior counsel representing the respondents.
2. This is a Regular Second Appeal under Section 100 of the Civil Procedure Code (CPC) whereby the judgment dated 13.06.2011 passed by the court of learned Munsiff No.2, Jorhat was reversed by the judgment dated 10.09.2012 passed by the court of learned Civil Judge, Jorhat in Title Appeal No.16/2011.
3. Smti. Bogi Saikia gifted 1 Katha of land to her daughter/the appellant by a registered deed. In the year 1988, the appellant got herself mutated in the records of rights in respect of the said land.
4. The aforesaid land has two shop rooms rent out to the two respondents on monthly rent w.e.f. 01.03.1986. Subsequently, they defaulted in payment of rent. Therefore, the appellant issued a notice to them asking them to vacate the shop rooms.
5. In reply to the aforesaid notice, the respondents told her that the said land was purchased by their father Sonaram Saikia from Lakheswar Saikia in the year 1966 by execution of a registered sale deed. Lakheswar Saikia is the father of the present appellant.
6. Ultimately, the appellant filed t
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....
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....
The presumption under Section 90 of the Indian Evidence Act requires original documents for establishing ownership, and secondary evidence alone is insufficient.
Presumption as to documents 30 years old – Presumption is with regard to proper execution of document which is 30 years old and not proof of execution thereof.
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.
Ownership claims in property disputes require proof of valid title rather than relying on defective or unregistered documents; under Mohammedan law, property gifting must adhere to the oral Hiba requ....
The central legal point established in the judgment is the requirement to prove transfer of interest and permissive possession, and the limitation on becoming an owner by adverse possession if posses....
The central legal point established in the judgment is the requirement for a valid sale deed to contain necessary details and the impact of an unregistered deed on the title of the property.
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