Back
SUDESH BANSAL
Jaafar – Appellant
Versus
Raisuddin (Since Deceased) – Respondent
JUDGMENT
1. Appellant-plaintiffs (hereafter referred to 'plaintiffs') have filed this second appeal under Section 100 CPC assailing the judgment and decree dated 11.12.2014 passed in civil first appeal No.56/2008 by the Additional District and Sessions Judge No.2, Jaipur Metropolitan City, Jaipur whereby and whereunder dismissing the appeal affirming the judgment and decree dated 11.05.2002 passed in civil suit No.80/87 by the Additional Civil Judge (Junior Division) No.1, Jaipur City, Jaipur whereby and whereunder plaintiffs' suit for prohibitory and mandatory injunction has been dismissed on merits.
2. Heard learned counsel for appellants and perused impugned judgments and record.
3. This is not in dispute between parties that the property, House No.4054 situated at Chowkdi Ramchandraji, Jaganath Shah Ka Rasta, Mohalla Chitewalan, Jaipur, was belonging to Azim Baksh and the same was partitioned between his successors Aladeen and Mst. Bismillah. The decree for partition dated 04.10.1948 in suit No.180/2000 has attained finality. Plaintiffs are successors of Aladeen and defendants are successors of Mst. Bismillah. Plaintiffs claimed that on the common chowk, defendants have raised con
The principle of res judicata prevents re-litigation of issues already decided, and concurrent findings of fact by lower courts are binding unless proven otherwise.
The burden of proof lies with the plaintiff to establish their case, and the court will uphold decisions based on evidence presented, rejecting contentions of delay and laches, and the applicability ....
The main legal point established in the judgment is the application of Section 100 CPC in the second appeal and the court's affirmation of the dismissal of the plaintiff's suit based on the finding o....
The judgment clarified the application of easementary rights in the context of joint ownership and the burden of proof on the plaintiff to establish his claims.
Trial Court as well as Lower Appellate Court has considered which is a Partition Deed entered into between respondents/plaintiffs and first Appellant and has rightly come to conclusion that said Part....
Co-owners can seek injunctions against each other to protect their rights, and findings from previous suits on common property usage are binding.
Continuous possession and construction can establish property rights and influence the court's decision in property disputes.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
