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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Lrs Of Banshi Lal – Appellant
Versus
Lrs Of Kanheya Lal, S/o Hemraj – Respondent
| Table of Content |
|---|
| 1. grounds for the original suit and ownership claims (Para 1 , 2) |
| 2. arguments and claims in the appeal (Para 3) |
| 3. court's analysis of established facts (Para 4) |
| 4. jurisdictional scope for second appeals (Para 5) |
| 5. court’s final decision and dismissal of appeal (Para 6) |
ORDER :
FARJAND ALI, J.
1. By way of filing the instant Civil Second Appeal, the appellants seek quashing of the judgment and decree dated 29.01.2021 passed by the learned Additional District Judge, Pali, in Civil Regular Appeal No. 21/2011, whereby the learned Judge affirmed the judgment and decree dated 02.04.2011 rendered by the learned Civil Judge (Junior Division), Bali, District Pali, in Civil Suit No. 236/1998 (14/1997). By the said judgments, the suit as well as the appeal filed by the appellants-plaintiffs were dismissed.
2. Briefly stated, the facts of the case are that the husband/father of the appellants, Late Shri Banshi Lal, instituted a civil suit seeking cancellation of Sale Deed No. 290/1992 dated 24.09.1992, executed by respondent No. 2 in favour of respondent No. 1, Kanheya Lal, alleging that the said transaction was void and inoperative against his lawful rights and possession.
2.1 It
The court affirmed that merely long possession without animus possidendi does not establish adverse possession; statutory acknowledgment of other ownership negates such claims.
The appellate court found that the trial court erred in cancelling the sale deed and agreement to sell, as the defendant proved ownership and possession, while the plaintiff's claim of adverse posses....
The main legal point established in the judgment is the requirement to prove continuity and publicity of possession for adverse possession claims, as well as the necessity of a registered instrument ....
Possession of property follows title, and a subsequent sale deed executed without authority is null and void.
Possession must be actual, exclusive, and hostile to constitute adverse possession; mere long possession is insufficient.
Plea of ownership based on sale deed and plea of adverse possession, both are contrary to each other and plaintiffs cannot be permitted to take both pleas at the same time.
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....
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