Back
SANJAY KUMAR DWIVEDI
Mohamad Ansari – Appellant
Versus
Md. Hasan – Respondent
JUDGMENT :
[Sanjay Kumar Dwivedi, J.]
1. Heard.
2. This second appeal has been filed being aggrieved and dissatisfied with the judgment and decree dated 03.10.2013 (decree sealed and signed on 18.11.2013) passed by the learned District Judge No. II, Palamau at Daltonganj in Title Appeal No. 03 of 1997 affirming the judgment and decree dated 19.12.1996 (decree sealed and signed on 10.01.1997) passed by the learned 2nd Additional Munsif, Daltonganj in Title Suit No. 53 of 1992.
3. Title Suit No. 53 of 1992 was instituted by the appellants/plaintiff for declaration of plaintiff's valid title and possession over the suit properties by virtue of registered deed of Baimokasa being deed no. 1175 dated 02.03.1987 executed by the proforma defendant no. 3 namely Sheikh Mohammad Rasul and for other relief which the plaintiff be entitled with cost of the suit. The learned trial court after appreciating the evidence, dismissed the said title suit. Aggrieved with that judgment, the appellants/plaintiff preferred Title Appeal No. 03 of 1997 which was dismissed by the learned District Judge-II, Palamau at Daltonganj vide judgment dated 03.10.2013 affirming the judgment passed by the learned trial cou
A party seeking partition must challenge the validity of prior transactions affecting the property and cannot seek partition of property that has been sold and is in the possession of third parties w....
A joint Hindu family property remains joint unless proven otherwise; the burden of proof lies on the party claiming separate ownership, requiring credible evidence.
In disputes regarding partition of joint Hindu family property, the burden of proof lies on the party asserting partition, and the presumption of jointness remains unless clear evidence to the contra....
The main legal point established in the judgment is the requirement to prove every link in a genealogy when a case is based on it, and the court's reliance on documentary evidence and oral witnesses ....
Defendant's right to execute a sale deed of commonly owned property is limited by previous agreements and partition rulings, affirming the importance of historical context in property transactions.
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
