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KALYAN RAI SURANA
Nazim Uddin S/o Late Sansher Ali – Appellant
Versus
Sahajan Ali – Respondent
ORDER :
Heard Mr. S. Biswas, learned counsel for the appellants. There is no representation from the respondents.
2. This appeal under section 100 CPC is directed against the appellate judgment and decree dated 30.05.2005 passed by the learned Civil Judge (Senior Division) Barpeta in TA no.39/2004. By the said appellate judgment, the said appeal filed by the appellant-defendant was dismissed and the judgment and decree dated 18.06.2004 passed by the learned Civil Judge (Junior division) No.1, Barpeta in TS no.78/1999, thereby decreeing the suit, was affirmed.
3. The facts in brief is that the respondent nos.1 to 4 had filed a suit for declaration of right, title and interest, decree of recovery of khas possession by evicting the appellants from the suit land and another consequential reliefs. It was claimed that out of the Schedule-A land, the father of the respondent nos.1, 2, 3, who was also the husband of the respondent no.4, had purchased 2B-1K-5L land vide registered sale deed no.6892/77 dated 08.09.1977 from Sanser Ali (since deceased). The said vendor was the father of the appellant nos.1 to 5, who was also the husband of the appellant no.6 and the father of the respondent no.7
The non-delivery of possession does not affect the transfer of title, and lack of mutation in revenue records does not extinguish the title of the lawful purchaser.
The court held that the plaintiffs proved ownership through valid Sale Deed; defendants failed to substantiate adverse possession claims due to contradictions in evidence.
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
Settlement record of rights does not extinguish prior title, and collusive judgments lack binding authority on necessary parties.
In a suit for declaration of title, the plaintiff must prove ownership; failure to seek possession forfeits claims against an adverse possessor.
It is trite that once declaration of right, title and interest have been granted in favour of a particular person, person who claims adversarial interest has to show a better title as to why he shoul....
Mutation or revenue entries are made only for fiscal purposes for deciding liability to pay land tax or land revenue.
The main legal point established in the judgment is that the nature of tenancy created by a sale deed and the right of survivorship cannot be examined as substantial questions of law in the absence o....
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