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SUDESH BANSAL
Kesar Devi Major – Appellant
Versus
Shri Gurbachan Singh Chabda Major – Respondent
JUDGMENT
1. Both these second appeals have been preferred by defendant No.2 under Section 100 CPC assailing the judgment and decree dated 30.05.2019 deciding two first appeal Nos.30/2016 & 04/2017 by the Court of Additional District Judge No.3, Beawar whereby and whereunder while affirming the judgment and decree dated 15.02.2013 passed in Civil Suit No.35/2001 (14/1998) by the Court of Additional Civil Judge (Sr. Division) No.1, Beawar in relation to declaration of sale deed of appellant dated 19.09.1995 as null and void qua respondent-plaintiff, the appellate court held that the plaintiff is in possession of the plot in question being its registered owner and passed a decree for permanent injunction in favour of plaintiff and against the present appellant-defendant No.2.
2. Heard counsel for both parties and perused the record.
3. The relevant facts as culled out from the record are that the respondent-plaintiff instituted a civil suit on 18.08.1998 alleging inter alia that the plot in question bearing plot No.24 (which was later on alleged to be converted in plot No.13) having an area of 250 square yards situated at Village Narsinghpura Tehsil, Beawar District Ajmer was purchased t
A declaration of property ownership requires establishing possession; without it, claims regarding related deeds are insufficient.
A second appeal under CPC does not warrant interference when no substantial question of law arises, affirming the necessity of establishing ownership before claiming possession.
The main legal point established in the judgment is that possession is a good title against anyone who cannot show a better title. The court emphasized the importance of long possession and the burde....
The main legal point established is that for a second appeal to be maintained, the finding must be shown to be perverse, and the findings must be in line with the evidence and applicable law.
The validity and consequences of a sale deed, including the transfer of title and possession, must be raised and challenged within the statutory time limit to be considered valid.
Sale - Validity - Defendants were not interested or they did not try to bring their case before court and lead evidence in support of their case to with respect to sale deed being sham, bogus or frau....
The findings of fact recorded by the lower courts were based on the appreciation/re-appreciation of evidence and did not suffer from any perversity nor misreading or non-reading of evidence.
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