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DEVASHIS BARUAH
Dharam Raj Goala – Appellant
Versus
Dinesh Kr. Jain – Respondent
JUDGMENT :
Devashis Baruah, J.
Heard Mr. G.N. Sahewalla, the learned senior counsel assisted by Ms. S. Todi, the learned counsel for the appellant and Mr. S. Sahu, the counsel appearing on behalf of the respondent No.1. None has appeared on behalf of the other respondents.
2. At the outset, it is relevant to take note of the submission of the learned senior counsel appearing on behalf of the appellants that the respondent No.19 who was the co-appellant in Title Appeal No. 16/1989 along with the defendant No.1, expired on 10/11/2001 during the pendency of the said Title Appeal No.16/1989 and before the completion of the hearing of the said appeal. He therefore submits that the said appeal i.e., the Title Appeal No.16/1989 in so far as the respondent No.19 herein/defendant No.30 in so far as said Appeal had abated. It is also relevant at this stage to take note of the submission of Mr. S. Sahu, the learned counsel for the respondent No. 1, that by virtue of Order XLI Rule 4 of the Code, the defendant No.1/co-appellant in Title Appeal No.16/1989 can maintain the said appeal dehors the abatement of the said appeal in so far as the other co-appellant is concerned. The learned senior counse
The onus lies on the person claiming right, title, and interest to prove the title by producing the necessary documents.
Point of Law : As it is seen that it is nobody’s case that suit in question is a suit coming within ambit of Order XX Rule 18(2) of Code and as such question of a preliminary decree does not arise at....
The burden of proof lies on the party asserting ownership or adverse possession, and mere entries in khatian records do not suffice to establish title without supporting evidence.
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.
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