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SANJAY KUMAR DWIVEDI
Radhamani Devi W/o Late Devi Lal Singh – Appellant
Versus
Hemant Horo S/o Late Poulna Horo – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Sandeep Verma, learned counsel appearing for the appellants and Mr. Shekhar Prasad Sinha, learned counsel appearing for the contesting respondents.
2. This second appeal has been filed being aggrieved and dissatisfied with the judgment dated 09.04.1996 and the decree following thereupon signed on 25.05.1996, passed in Title Appeal No. 111 of 1993, by the VIIIth Additional Judicial Commissioner, Ranchi, dismissing the said appeal and thereby confirming the judgment dated 16.09.1993 and the decree signed on 25.09.1993, passed in Title Suit No. 143 of 1989, by the learned Sub Judge-IIIrd, Ranchi.
3. The suit was instituted by the appellant/plaintiff for declaration of his title and confirmation of his possession over the suit property, appended in Schedule-A of the plaint. Further prayer was made to refrain the defendants by way of permanent injunction from creating obstruction and nuisance by use of force in his cultivation work and other reliefs, for which, the appellant/plaintiff found to be entitled.
4. The said suit was decided by the learned trial court by judgment dated 16.09.1993 and considering the oral and documentary evidence prod
The plea of adverse possession is not consistent with the plea of right of possession on the basis of the sale deed. The weakness of the defendant's witness cannot be a ground for reversing the findi....
The court upheld the principle that prior judgments declaring deeds void are binding, affirming the plaintiff's title against claims of adverse possession.
An unregistered gift deed does not confer title to real property, necessitating proper registration and the inclusion of all necessary parties in a suit for declaration.
The main legal point established in the judgment is that the plaintiff was not required to ask for possession when the property was in custodia legis, and the defendants had acquired title by adverse....
The main legal point established in the judgment is the validity of gift deeds under the Transfer of Property Act, the Indian Evidence Act, and the inheritance of joint family property under the Hind....
[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....
The principle of res judicata applies when the same parties have litigated substantially the same issue in a previous suit, barring re-litigation of those issues.
The principle of res judicata applies where previous judgments on the same issue bind parties, regardless of claims involving part of the land. Judicial findings must reflect conscious application to....
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