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DEVASHIS BARUAH
Rekhamoni Devi Kakati W/O- Shri Prasanta Kakati – Appellant
Versus
Jugal Chandra Saikia S/O- Late Kesharam Saikia – Respondent
JUDGMENT :
Heard Mr. I. Ikbal, the learned counsel for the appellants and Mr. B. D. Deka, the learned counsel appearing on behalf of the respondent No.1.
2. Both the appeals, i.e. RSA No.156/2019 and RSA No.138/2022 are taken up together for disposal taking into account that the appeals herein arises out of the same suit, i.e. Title Suit No.22/2011.
3. This Court is taking up both the appeals at the stage of Order XLI Rule 11 of the Code of Civil Procedure, 1908 (for short, the Code) to consider as to whether the questions of law so proposed by the learned counsel for the appellants are substantial questions of law involved in the instant appeal. For ascertaining as to whether the said questions of law are substantial questions of law involved in the instant appeal, it would be relevant to take note of the brief facts of the case. For the sake of convenience, the parties herein are referred to in the same status as they stood before the trial court.
4. The respondent No.1 herein as plaintiff in Title Suit No.22/2011 filed the suit seeking declaration of his right, title and interest in respect to the land described in Schedule-Kha of the plaint by evicting the principal defendant Nos.1
The presumption of due execution for registered documents under the Indian Evidence Act places the burden of proof on the party challenging the validity of such documents, and failure to provide suff....
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....
The identification of the disputed land is crucial in land disputes, and the requirement to prove a Sale Deed by examining the vendor is not applicable without a specific denial of the appellant's ri....
The sufficiency of unchallenged documentary evidence for establishing title and ownership is critical in property disputes.
The court confirmed that adverse possession can secure title even against invalid transfer documents, provided uninterrupted possession exceeds 12 years and is public, emphasizing the significance of....
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....
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.
The first appellate court's findings of fact are final unless found to be manifestly perverse or contrary to the evidence on record.
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