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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SUSMITA PHUKAN KHAUND
Nowshad Ali, S/o. Late Basaddi – Appellant
Versus
Alep Uddin, S/o. Late Isamsuddin – Respondent
JUDGMENT :
SUSMITA PHUKAN KHAUND, J.
Factual Matrix :-
1. This appeal was admitted on the following substantial question of Law:-
"whether the findings of the First Appellate Court are perverse on the face of the pleading and evidence of the plaintiff's witnesses.”
2. The appellants in this case are (i) Nowshad Ali, (ii) Fuleshwari Bibi, (iii) Abul Hussain, and (iv) Jafar Sk, whereas, the respondents in this case are (i) Alep Uddin, (ii) Golap Uddin, and (iii) Gias Uddin.
3. The Title Suit No. 60/2012, was brought up by the appellants/plaintiffs contending inter alia that the deceased predecessor of the plaintiffs namely Basaddi Sk was the exclusive owner and recorded pattadar and was in possession of a parcel of land admeasuring 1B 4K 9L appertaining to Dag No. 147(old) 316(new); 82(old) 232(new) ; 138(old) 288(new); and 288(old) 130(new) under patta No. 94(old) 85(new) of Durahati Village under Dhubri Circle.
4. This plot of land is the subject matter of the suit and is described in the Schedule-B of the plaint. When the plaintiffs filed a petition before the learned A.S.O., Dhubri Circle, to get their names recorded, a Misc. Case being DM (Misc) Case 19/2010 was registered and the orde
The plaintiffs cannot claim a mere declaration of title without seeking further relief for possession, as stipulated by Section 34 of the Specific Relief Act, rendering the suit not maintainable.
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.
Possession follows title; entries in revenue records do not confer ownership. A suit for injunction is maintainable without seeking declaration of title when possession is established.
Point of law: The principle of lis pendens is still settled principle of law. In this connection, the Full Bench of the Allahabad High Court in Ram Peary, AIR 1978 All 318] has considered the scope o....
The court held that the plaintiffs proved ownership through valid Sale Deed; defendants failed to substantiate adverse possession claims due to contradictions in evidence.
A suit for declaration of title must seek possession to be valid; relief beyond pleadings is impermissible.
The record of rights (Khatian) is presumptive evidence of ownership, establishing Rayati rights until disproved, leading to recovery of possession.
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