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ASHOK KUMAR JAIN
Guganram S/o Late Ganeshram – Appellant
Versus
Deceased Gangaram S/o Kanaram – Respondent
JUDGMENT :
ASHOK KUMAR JAIN, J.
1. Instant second appeal is preferred by appellants-defendants aggrieved from dismissal of Civil Regular Appeal No. 2/2017 by learned Additional District Judge, Chirawa on 09.05.2018 affirming the judgment and decree dated 01.12.2016 in Civil Suit No. 217/1993 passed by learned Civil Judge, Chirawa, District Jhunjhunu.
2. Office has pointed out a delay of 84 days in filing the present civil second appeal and to substantiate the reasons of delay, no application under Section 5 of Limitation Act is filed. Later amended cause-title was filed and office has reported no delay in filing appeal.
3. An application under Order 41 Rule 27 CPC is also filed by the appellants for taking on record, letter of Village Panchayat Ardawat and letter dated 09.06.2017 of Sub Divisional Officer, Chirawa, District Jhunjhunu.
4. Learned counsel for appellants while referring the order dated 01.09.2023 in review application passed by learned Additional District Judge, Chirawa submits that a civil suit for declaration of customary right on a revenue land was filed by respondents-plaintiffs on the ground that land was used by the villagers for public purposes. He submits that duri
The court upheld the trial court's jurisdiction to entertain a civil suit for declaration of customary rights, emphasizing the importance of maintaining legal procedures during appeals.
The settlement order, revenue records, and lack of evidence supporting adverse possession claims were crucial in establishing the plaintiffs' continuous possession and defeating the defendants' claim....
The validity of the amendment to the original notification under the Estates Abolition Act, 1948 and its impact on the plaintiff's rights to the suit property.
The judgment emphasizes the jurisdiction of the Civil Court to entertain suits challenging orders under the Punjab Security of Land Tenures Act, 1953, and the binding nature of orders upheld by the H....
The first appellate court's findings of fact are final unless found to be manifestly perverse or contrary to the evidence on record.
The civil court has jurisdiction to hear a suit for cancellation of a sale deed relating to converted land, even if the sale deed was executed before the conversion.
Tenancy rights cannot be terminated without due process under the Transfer of Property Act, and eviction must follow legal requirements.
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