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ROBIN PHUKAN
On the death of Hemendra Das, his legal heirs – Appellant
Versus
Niramai Das @ Miramai Das, D/o Late Dhaneswar Das – Respondent
JUDGMENT :
Heard Mr. S.R. Gogoi, learned counsel for the appellants and also heard Mr. S.P. Choudhury, learned counsel for the respondents.
2. In this appeal, under Section 100 of the Code of Civil Procedure, 1908, the appellants have challenged the correctness or otherwise of the impugned judgment and decree dated 03.04.2013 passed by the learned Civil Judge, Nagaon, hereinafter the First Appellate Court, in Title Appeal No.29/2011. It is to be noted here that vide impugned judgment and decree dated 03.04.2013, the learned First Appellate Court had upheld and affirmed the judgment and decree dated 25.07.2011, passed by the learned Munsiff No.1, Nagaon, in Title Suit No.106/2006.
3. The back ground facts leading to filing of the present appeal is briefly stated as under:-
The court affirmed that a subsequent suit is maintainable if the cause of action differs from a previously dismissed suit, emphasizing the necessity of establishing title through proper documentation....
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....
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.
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....
Section 10 of the CPC requires complete identity of subject matter for staying proceedings in concurrent suits; conflicting properties undermine the applicability of this provision.
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.
The principle of res judicata bars re-litigation of matters already decided, confirming that the earlier judgment is binding and the current suit is not maintainable.
The BPPHT Act's provisions, particularly Section 18, bar civil suits challenging settlement orders unless fraud or jurisdictional issues are proven, emphasizing the finality of administrative decisio....
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