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KALYAN RAI SURANA
Mannash Ali – Appellant
Versus
Majibur Rahman – Respondent
ORDER :
Kalyan Rai Surana, J.
1. Heard Mrs. R. Choudhury, learned counsel for the appellants and Mr. J.I. Barbhuiya, learned counsel for the respondent nos. 1 to 3.
2. This appeal under Section 100 CPC is directed against the judgment and decree dated 07.07.2023 passed by the learned Civil Judge (Senior Division), Morigaon in TA 15/2019. By the said appellate judgment, the appeal of the appellants herein was dismissed and the judgment and decree dated 20.05.2019 passed by the learned Munsiff [now re-designated as Civil Judge (Junior Division)] No.1, Morigaon in TS 52/2016, by which the suit of the respondents-plaintiffs was decreed.
3. The concurrent finding of the learned Courts below is assailed by the appellants on the strength of the five substantial question of law as formulated by the learned counsel for the appellants, which are as follows:
2. Whether the learned courts are correct in allowing the suit of the respondents/plaintiffs whereas the suit is itself not maintainable for misjo
The courts determined that original sale deeds substantiate ownership claims and that appellants failed to prove adverse possession or proper misjoinder arguments, leading to dismissal of the appeal.
A suit for declaration of title without seeking possession is not maintainable under the Specific Relief Act.
(1) Pleadings – Evidence can be permitted to be given only on a plea properly raised and not in contradiction of plea.(2) Adverse Possession – Once plaintiff proves his title over suit property it i....
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....
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....
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 main legal point established in the judgment is the requirement to plead and prove essential facts to establish adverse possession, including continuity, publicity, and hostility to the true owne....
The court held that the plaintiffs proved ownership through valid Sale Deed; defendants failed to substantiate adverse possession claims due to contradictions in evidence.
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