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SANJAY KUMAR DWIVEDI
State of Jharkhand – Appellant
Versus
Jamuna Das Dharmada Trust – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Deepak Kumar Dubey, learned counsel for the appellants.
2. This second appeal has been filed being aggrieved and dissatisfied with judgment dated 26.11.2009 and decree signed on 08.12.2009 passed by learned Additional District Judge, Fast Track Court, Koderma in Title Appeal No. 12 of 2007, confirming the judgment dated 21.12.2006 and decree signed and sealed on 08.01.2007 by learned Sub-Judge-IV, Koderma in Title Suit No. 25 of 2004.
3. The plaintiff/respondent has instituted Title Suit No. 25 of 2004 against the appellants/defendants nos. 1 and 2 that defendant nos. 1 and 2 have got no concern over it. Prayer has also been made for the cost of the suit. The said suit was decided by the learned trial court by judgment dated 21.12.2006 and the said suit was dismissed. Aggrieved with that the appellants preferred Title Appeal No. 12 of 2007 which was dismissed vide order dated 26.11.2009 affirming the judgment of the learned trial court. Aggrieved with that the present second appeal has been filed.
4. According to the plaint as disclosed in the judgment of learned courts the case of the plaintiff/ respondent no. 1. in short, is that one Ja
The continuous possession, mutation of property, and payment of taxes and rent receipts were considered as evidence of the trust's title and possession.
Failure to admit crucial evidence resulted in prejudice, necessitating remand for reconsideration.
[The court established that land declared as protected forest under the Indian Forest Act cannot be claimed by individuals without valid title, and that any prior claims based on unregistered documen....
Ownership claims based on revenue records require substantiated evidence; mere entries do not confer title. Courts upheld prior judgments confirming plaintiffs' rights to the property.
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