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SANJAY KUMAR DWIVEDI
Enamul Haque @ Md. Enamul – Appellant
Versus
Pradeep Jain – Respondent
JUDGMENT :
1. Heard Mr. Nagendra Tiwari, the learned counsel appearing on behalf of the appellants and Mr. Yashwardhan along with Mr. Ritesh Singh, the learned counsels appearing on behalf of the respondents.
2. The present Second Appeal has been preferred being dissatisfied with the judgment dated 27.03.1998 and decree dated 21.4.1998 passed by 5th Additional District Judge, Giridih in Title Appeal No.130 of 1988 dismissing the appeal confirming the judgment dated 29.7.1988 and decree dated 9.8.1988 passed by 2nd Additional Munsif, Giridih, in Title Suit No.106 of 51/1984 of 87. The title suit was instituted by the respondent/plaintiff for adjudicating that the suit land belong to the plaintiff permanent indefeasible Basto right and the said title is subsisting and the defendants have not a vestage of title to the suit lands and the sale deed dated 29.7.1983 executed in favour of the defendant nos.2 to 4 and Ram Chandra Rajwar by Bako Khan (defendant no.1) died during the pendency of the suit and his name has been expunged and the appellant nos.1 to 6 have been substituted in his place be delivered up and cancelled. Plaintiffs have further prayed that the possession of the plaintiff
The doctrine of res judicata between co-defendants must be applied with care and caution, and the findings in a previous suit can operate as res judicata between co-defendants if certain conditions a....
The onus lies on the person claiming right, title, and interest to prove the title by producing the necessary documents.
The plaintiffs failed to establish title and possession over the suit land, and the suit was invalid due to non-joinder of necessary parties.
Failure to admit crucial evidence resulted in prejudice, necessitating remand for reconsideration.
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