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DEVASHIS BARUAH
Md. Faizuddin Ahmed – Appellant
Versus
On The Death Of Md Lutfur Rahman His Legal Heirs Md Muzibur Rahman(Son) – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. K Agarwal, the learned senior counsel, assisted by Ms. P Neog, the learned counsel appearing on behalf of the appellant. Mr. MK Sarma, the learned counsel appears on behalf of the respondents.
2. This is an appeal under Section 100 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) challenging the judgment and decree dated 04.06.2009 passed by the Court of the learned Civil Judge, Jorhat in Title Appeal No.22/2008 whereby the appeal was dismissed and the judgment and decree dated 30.06.2008 and 27.04.2009 in Title Suit No.112/2006 passed by the learned Munsiff No.1, Jorhat was affirmed.
3. This Court vide an order dated 28.08.2009 admitted the instant appeal by formulating three substantial questions of law which are reproduced hereinunder:
The validity of a sale deed confers title to the purchaser, and claims of permissive occupation by defendants do not negate this ownership.
The sufficiency of unchallenged documentary evidence for establishing title and ownership is critical in property disputes.
The court upheld the lower courts' findings that the plaintiff proved his title and possession over the suit land, emphasizing that factual determinations cannot be disturbed without evidence of perv....
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 judgment emphasizes the need for the First Appellate Court to consciously apply its mind, closely scrutinize the Trial Court's reasoning, and provide reasons for arriving at a different finding.
The court established that factual determinations regarding possession and the validity of sale deeds do not constitute substantial questions of law under Section 100 of the CPC, and affirmed the aut....
The court ruled that framing additional issues after arguments is lawful if it aids in resolving the matter, and failure to substantiate claims regarding tenancy rights led to dismissal of the appeal....
The burden of proof lies on the plaintiff to establish exclusive and absolute rights over the suit land, and the court may remand a matter for fresh consideration and permit the parties to adduce add....
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