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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ROBIN PHUKAN
Kamini Devi, W/o. Punit Singh – Appellant
Versus
Bhesh Bahadur Puri, W/o. Late Chabi Lal Puri – Respondent
JUDGMENT :
ROBIN PHUKAN, J.
Heard Mr. P.A. Rongmei, learned counsel for the appellant. Also heard Ms. B.M. Chhetri, learned counsel for the respondent.
2. This second appeal, under Section 100 CPC, is directed against the judgment dated 18.01.2023 and decree dated 30.01.2023, passed by the learned Civil Judge, Karbi Anglong, Diphu, passed in Title Appeal No. 7/2022.
3. It is to be noted that vide impugned judgment dated 18.01.2023 and decree dated 30.01.2023, the learned Civil Judge, Karbi Anglong, Diphu (‘first appellate Court’, for short) had allowed the appeal and reversed the judgment dated 23.12.2021 and decree dated 04.01.2022, passed by the learned Munsiff No. 1, Karbi Anglong, Diphu (‘trial Court’, for short), in Title Suit No. 6/2004 (old) and Title Suit No. 52/2017 (new).
4. For the sake of convenience and also for avoiding any confusion, the designation of the parties before the learned trial Court is adopted in this appeal.
5. The background facts, leading to filing of the present appeal, are briefly stated as under:
“The plaintiff, in the year 1993, purchased a portion of land from the defendant measuring 2 kathas out of 1 bigha 3 kathas, bearing Dag No. 454 and 54, Survey P.
The court held that a title deed must be substantiated with clear evidence, and the Survey Commissioner's findings are critical in resolving land disputes.
Concurrent findings of fact by the Trial Court and First Appellate Court are binding and cannot be interfered with under Section 100 of the CPC.
A plaintiff can amend a suit to specify claims based on substantial evidence. Courts must consider all relevant claims and evidence to prevent erroneous dismissal.
[The court established that the burden of proof lies on the defendant to substantiate claims of ownership or tenancy, and failure to do so, coupled with admissions against interest, can lead to a jud....
The appellate court must not overstep its jurisdiction or set aside decrees that are not part of the appeal unless clearly justified; ownership claims must respect established legal boundaries and ow....
The Plaintiff's failure to prove possession and the Defendants' ownership of their respective portions led to the rejection of the Plaintiff's claim of encroachment.
The plaintiff established ownership and continuous possession of the land through valid documents and rectification, contrary to the lower appellate court's findings.
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