Back
KALYAN RAI SURANA
Mannash Ali – Appellant
Versus
Majibur Rahman – Respondent
| Table of Content |
|---|
| 1. counsel representation details (Para 1) |
| 2. overview of the appeal (Para 2) |
| 3. formulation of substantial questions of law (Para 3) |
| 4. details of plaintiffs and land claims (Para 4 , 5) |
| 5. issues framed for trial (Para 6) |
| 6. witness examination and evidence (Para 7) |
| 7. court's findings on plaintiffs' rights (Para 8) |
| 8. plaintiffs' peaceful possession upheld (Para 9) |
| 9. appeal dismissal by first appellate court (Para 10) |
| 10. court's duty to evaluate presented evidence thoroughly. (Para 11) |
| 11. assessment of appellants' arguments (Para 12 , 13 , 14 , 15) |
| 12. court's final stance on the appeal (Para 16) |
| 13. final judgment: appeal dismissed for lack of substantial questions. (Para 17) |
| 14. formal decree execution (Para 18) |
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 pa
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
