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ROBIN PHUKAN
Abdul Hanif Ahmed – Appellant
Versus
Md. Abdul Sahed, S/o Late Taimuddin Sk. – Respondent
JUDGMENT :
Heard Mr. A.D. Choudhury, learned counsel for the appellants. Also heard Ms. R. Choudhury, learned counsel for the respondent Nos.1—3 and Mr. T.R. Gogoi, learned Government Advocate, Assam, appearing for the proforma respondent Nos.6—8.
2. In this appeal under Section 100 of the Code of Civil Procedure, 1908, the appellants have put to challenge the correctness or otherwise of the judgment dated 09.09.2015 and decree dated 14.10.2015 passed by the learned Civil Judge, Dhubri (First Appellate Court), in Title Appeal No.23/2011. It is to be noted here that vide impugned judgment dated 09.09.2015 and decree dated 14.10.2015, the learned First Appellate Court has upheld the judgment and decree dated 27.01.2011 passed by the learned Munsiff No.2, Dhubri, in Title Suit No.348/2005.
3. The back ground facts leading to filing of the present appeal is briefly stated as under:-
The court upheld the admissibility of historical tenancy documents under Section 90 of the Evidence Act, confirming the plaintiffs' rights over the land despite challenges regarding document validity....
Adverse Possession – When a possession is sought on the ground of Sada-deed of Dar Raiyat, law of adverse possession is not available.
The burden of proof lies on the plaintiff to establish the license to evict a licensee, and the defendant must prove genuine tenancy through admissible evidence. Courts can reject suspicious document....
The main legal point established in the judgment is the interpretation of documents and the application of the principle of adverse possession in property disputes.
The record of rights (Khatian) is presumptive evidence of ownership, establishing Rayati rights until disproved, leading to recovery of possession.
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.
Adverse Possession – Necessary ingredients to constitute adverse possession must be proved in order to perfect title over land.
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....
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