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ROBIN PHUKAN
Md. Sahmat Ali, S/o Lt. Sadullah Sekh – Appellant
Versus
Altafuddin Ahmed Baruah, S/o Lt. Hussainuddin Ahmed – Respondent
JUDGMENT :
Heard Mr. S. Muktar, learned counsel for the appellants and also heard Mr. D.K. Bagchi, learned counsel for the respondents.
2. This regular second appeal under Section 100 of the Code of Civil Procedure, is directed against the judgment and decree dated 11.08.2022 passed in Title Appeal No.2/2022 by the learned Civil Judge, Darrang, Mangaldai. It is to be noted here that vide impugned judgment and decree dated 11.08.2022, the learned Civil Judge, Darrang, Mangaldai, has reversed the judgment and decree dated 09.11.2021, passed in Title Suit No.54/2013 by the learned Munsiff No.1, Darrang, Mangaldai.
3. The back ground facts leading to filing of the present appeal is briefly stated as under:-
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.
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.
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 court upheld the lower courts' findings, emphasizing the limited scope of re-appreciating evidence in second appeals under Section 100 CPC.
A suit for injunction is not maintainable if the plaintiff has knowledge of unclear title issues and the vendors lack the right to convey property.
The court affirmed the principle that established boundaries take precedence over conflicting land titles, and concurrent factual findings by lower courts are upheld unless proven manifestly erroneou....
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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