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PARTHIVJYOTI SAIKIA
Samad Ali S/o Late Abdul Baser – Appellant
Versus
Heirs Of Late Ajgar Ali Mainuddin – Respondent
JUDGMENT :
Heard Mr. K. Sarma, learned counsel representing the appellant as well as Mr. N. Haque, 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 and decree dated 29.03.2012 passed by the court of learned Civil Judge, Barpeta in Title Appeal No.46/2011 is under challenge.
3. The respondents filed the suit before the trial court praying for a declaration that they along with the present appellant are joint owners of a plot of land measuring 6 Bighas 2 Kathas 14 Lechas covered by Dag Nos.213 (2 Bigha 1 Katha 15 Lechas), 215 (1 Bigha 3 Khata 17 Lechas) and 214 (1 Bigha 2 Katha 2 Lechas) under the Periodic Patta No.45 of village Chakirbhitha, Mouza-Betbari, District-Barpeta, Assam.
4. The respondents further prayed for a declaration of their right, title and interest and for partition of a plot of land measuring 2 Bighas 18 Lechas out of the aforementioned plot of land.
5. Both the plots of land are described as under:
A plot of land measuring 6 B-2 K- 14 Ls covered by dag Nos.213 (2 B-1 K- 15 Ls), 215 (1 B-3 K-17 Ls) & 214 (1 B-2 K-2 Ls) under the periodic patta No.45 of
The court affirmed that procedural defects in land ownership suits are curable and that the plaintiffs' suit was not barred by limitation, allowing recovery of possession.
A suit for eviction cannot be dismissed solely due to misdescription if the property can be identified by boundaries or numbers.
The High Court affirmed that findings of fact by the First Appellate Court are binding unless substantial questions of law arise, emphasizing the limited jurisdiction under Section 100 CPC.
The conflict between the description of area and boundaries, the interpretation of boundaries prevailing over area, and the application of the maxim 'falsa demonstratio non nocet' in property dispute....
Concurrent findings of fact by the Trial Court and First Appellate Court are binding and cannot be interfered with under Section 100 of the CPC.
To establish property ownership in suits for declaration, plaintiffs must accurately identify and prove the property's description, as discrepancies render claims unprovable.
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