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MADAN GOPAL VYAS
Ramprasad S/o Shri Dhannalal – Appellant
Versus
Lrs Of Lalchand, S/o Shri Nathulal Pokhrna – Respondent
JUDGMENT :
Madan Gopal Vyas, J.
The present civil second appeal under Section 100 of CPC has been filed by the defendents (hereinafter referred to as "the appellants") against the judgment and decree dated 05.05.2023 passed by learned Additional District Judge, Gulabpura, District Bhilwara (hereinafter referred to as the learned First Appellate Court") in Civil Appeal No.13/2011 whereby the learned First Appellate Court while dismissing the appeal preferred by the appellants affirmed the judgment and decree dated 31.05.2011 & amended decree dated 29.06.2011 passed by the learned Civil Judge (Senior Division), Gulabpura, District Bhilwara (hereinafter referred to as "the learned trial Court") in Civil Original Suit No.45/2005 whereby the learned trial Court decreed the suit preferred by the original plaintiff Lalchand under Order 7 Rule 1 and 2 of CPC seeking decree of declaration, injunction and possession against the defendents.
2. The facts in brief are that the original plaintiff Lalchand preferred the aforesaid suit stating therein that there is a plot ad-measuring 45x50 sq. ft. situated in Gulabpura, Khatik Mohalla (hereinafter referred to as "the suit property") which was purcha
The requirement of a substantial question of law for the maintainability of a second appeal under Section 100 CPC was emphasized, along with the principle that ownership established through a registe....
The judgment emphasizes the legal principles of adverse possession, including the requirements of open, clear, continuous, and hostile possession, burden of proof, and the need for a substantial ques....
Claim of adverse possession requires open, continuous possession with knowledge to the rightful owner. Plaintiffs failed to provide sufficient evidence, resulting in dismissal.
The main legal point established in the judgment is that a claim of adverse possession and ownership based on an oral gift must be substantiated with clear evidence, and the burden of proof lies with....
(1) Adverse Possession – Mere long possession will not create any right by way of adverse possession – There should be element of definite refusal of right of ownership or title as well as hostile po....
Adverse possession claims require acknowledgment of the original owner's title; mere long-term possession without proof of acknowledgment negates the claim.
To establish adverse possession, the claimant must specifically plead and prove a hostile assertion of ownership, disclaiming the original title from a particular date, which was not accomplished her....
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