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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Devashis Baruah
Keleng Pator S/o Lt. Kachari Lalong – Appellant
Versus
Ghana Kanta Samua S/o Lt. Rabiram Samua – Respondent
JUDGMENT AND ORDER :
DEVASHIS BARUAH, J.
Heard Mr. A. Sattar, the learned counsel appearing on behalf of the appellant. Mr. V. K. Barooah, the learned counsel appears on behalf of the respondent.
2. This is a Appeal filed by invoking the jurisdiction under Section 104 read with Order XLIII Rule 1(u) of the Code of Civil Procedure, 1908 (for short, ‘the Code’) challenging the order dated 04.07.2009 passed by the Court of the learned Civil Judge, Morigaon, (hereinafter referred to as ‘the learned First Appellate Court’) in Title Appeal No.5/2009 by which the learned First Appellate Court had set aside the judgment and decree dated 29.11.2008 passed by the learned Munsiff No.1, Morigaon (hereinafter referred to as ‘the learned Trial Court’) in Title Suit No.14/2004 and remanded the suit back to the learned Trial Court by framing two additional issues.
3. The question which arises for consideration before this Court is as to whether the learned First Appellate Court was justified in doing so. It is relevant to take note of that the appellant herein as plaintiff had instituted a suit being Title Suit No.14/2004 before the Court of the Civil Judge (Junior Division) No.2, Morigaon seeking dec
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The validity of a sale deed confers title to the purchaser, and claims of permissive occupation by defendants do not negate this ownership.
The First Appellate Court must independently assess evidence and provide detailed findings on all relevant issues, failing which its decision is unsustainable.
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 sufficiency of unchallenged documentary evidence for establishing title and ownership is critical in property disputes.
The central legal point established in the judgment is the importance of proving title and interest in property disputes, and the significance of challenging relevant documents in a timely manner.
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 main legal point established is that a remand order must be justified and in conformity with the procedural rules, and that additional issues should only be framed when necessary.
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