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DEVASHIS BARUAH
Ananta Malakar S/o Late Atul Malakar – Appellant
Versus
Rangabala Roy – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. R.P. Sarmah, the learned Senior Counsel assisted by Mr. S.K. Ghosh, the learned counsel appearing on behalf of the appellants.
2. The instant appeal is an Appeal under Section 100 of the Code of Civil Procedure, 1908 challenging the judgment and decree dated 27.04.2009 passed by the Court of the learned Civil Judge, Dhubri (hereinafter referred to as ‘the learned Appellate Court’) thereby affirming the judgment and decree dated 10.03.2000 passed by the learned Civil Judge (Junior Division) No. 1, Dhubri (hereinafter referred to as ‘the learned Trial Court’) in Title Suit No. 212/93 wherein the suit instituted by the plaintiff was decreed.
3. It is seen from an order dated 17.12.2019 that the instant appeal was admitted by formulating a substantial question of law i.e.:
To appreciate as to whether the said substantial question of law is involved in the instant appeal, this Court finds it relevant to take note of the facts leading to the instant pro
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....
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 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 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....
The court upheld the lower courts' findings on land ownership, ruling that the plaintiffs proved their rights, and dismissed the appeal due to lack of substantial questions of law.
A registered sale deed over 30 years old carries a presumption of authenticity, shifting the burden of proof to the opposing party to challenge its validity.
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....
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