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GAUTAM KUMAR CHOUDHARY
Ashok Kumar Singh – Appellant
Versus
Nasir Khan – Respondent
JUDGMENT :
GAUTAM KUMAR CHOUDHARY, J.
1. Appellants are the plaintiffs who have preferred the instant appeal against the judgment and decree passed by the 4th Additional District Judge, Hazaribagh in Title Appeal No. 59 of 1985 against the judgment and decree passed in Title Suit No. 70 of 1980 by which the trial court judgment was reversed and the plaintiffs’ suit was dismissed.
2. Since this is an old case therefore, the parties will be referred by their original placement in the suit and will include the legal representatives substituted at different stages.
3. The plaintiffs filed the suit for declaration of right, title, interest and possession over the suit land fully detailed in Schedule B and C of the plaint and a prayer for evicting defendant no. 2 from Schedule B property after declaring him to be tenant of defendant no. 1.
4. The claim of title and for possession over the suit land of the plaintiffs is with respect to old plot no 653 recorded under Khata No. 48 of Village Nawal Sahi. According to the plaintiffs, plot nos. 653 and other plots were recorded under Khata No. 48 as Gair Mazurwa Khas in the name of the then land lord Thakur Tulsi Narayan Singh. One Thami Pandey wit
Possession established through reclamation under the C.N.T. Act is valid if supported by evidence of landlord consent, and findings from criminal proceedings do not bind civil courts.
The plaintiffs cannot claim a mere declaration of title without seeking further relief for possession, as stipulated by Section 34 of the Specific Relief Act, rendering the suit not maintainable.
Concurrent findings of fact by the Trial Court and First Appellate Court are binding and cannot be interfered with under Section 100 of the CPC.
The need for a fair consideration of evidence and the requirement for the Government to disclose crucial evidence in land dispute cases.
In property disputes, admissions by the defendant regarding ownership can significantly influence the outcome, and the absence of documentary evidence does not necessarily bar a decree for eviction i....
Possession of land, supported by historical rent receipts and acknowledgment by the ex-landlord, is sufficient to establish title, and municipal survey entries do not negate this title.
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