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THE GAUHATI HIGH COURT,(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PARTHIVJYOTI SAIKIA
Abdul Rejak – Appellant
Versus
Abul Hussain – Respondent
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
1. Heard Mr. A.C. Sarma, learned senior counsel appearing for the appellants as well as Mr. B. Chakravarty, learned counsel representing the respondents.
2. This is a Regular Second Appeal under Section 100 of the CIVIL PROCEDURE CODE (CPC) whereby the judgment dated 25.11.2013 passed by the court of learned Civil Judge, Nagaon, Assam in Title Appeal No.02/2010 affirming the judgment and decree dated 22.12.2009 passed in T.S. No.01/2000 by the learned Munsiff No.1, Nagaon.
3. The appellants were the plaintiffs before the trial court. The suit land consists of 1 bigha of land out of 3 bigha 3 katha 13 lechas covered by dag No.111, P.P. No.34 of Rangulu, Kissamat under Kathiatoli Mouza in the district of Nagaon. The said land was earlier covered by P.P. No.109 and Dag No.95 of 1930-31 settlement period and originally owned by Rupa Gaonburah Mikir and Saruman Mikir. On 06.03.1962, Saruman Mikir sold 2 bighas of lands to Mofijuddin, S/o. Monuar Ali and handed over possession. In the meantime, the said Mofijuddin appointed Jamini Mohan Paul as his Attorney. The Attorney was appointed to look after and also to sale the land. On 08.07.1983, Jamini Mohan Pau
A party's right to present evidence on ownership must be duly recognized; failure to address critical issues of fact leads to flawed judgments.
A judgment dismissing a property suit without evidence on a critical issue violates natural justice and must be set aside.
The court emphasized the importance of proving ownership and complying with the rules of non-joinder of parties and limitation in civil suits.
An unregistered sale deed does not transfer legal title to property, and a claim of adverse possession must be explicitly pleaded to be considered.
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 plaintiff must prove ownership and continuous possession of the land, maintaining the burden of proof to establish title in her favor.
Settlement record of rights does not extinguish prior title, and collusive judgments lack binding authority on necessary parties.
The admissibility of evidence, proper legal procedures in mutation proceedings, burden of proof in ownership disputes, and the binding nature of concurrent findings of fact in appellate courts.
The requirement of proving a sale deed as per Section 67 of the Indian Evidence Act and the limitations of the High Court's jurisdiction in entertaining a second appeal under Section 100 CPC.
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