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ANIL KUMAR CHOUDHARY
Ashish Mukharjee S/o Late K. C. Mukherjee (Kerali Charan Mukherjee) – Appellant
Versus
Ramnath Yadav – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the learned counsel for the appellant.
2. This second appeal has been preferred under Section 100 of Code of Civil Procedure against the judgment and decree of affirmance dated 27.08.2019 passed by the learned District Judge-II, Jamshedpur in Civil Appeal No. 26 of 2017 whereby and where under, the learned first appellate court has dismissed the appeal.
3. The brief fact of the case is that the plaintiff filed Eviction Suit No. 256 of 1989 in the court of Civil Judge (Sr. Division)-I, Jamshedpur with the prayer:
(ii) injunction and cost of the suit.
4. The case of the plaintiff is brief is that the suit land formerly belonged to recorded tenant Mangal
Concurrent findings of fact by lower courts cannot be interfered with unless they are perverse or irrational.
The plaintiff must prove their title in a private suit, and concurrent findings of fact by lower courts are not to be interfered with unless perverse.
The BPPHT Act's provisions, particularly Section 18, bar civil suits challenging settlement orders unless fraud or jurisdictional issues are proven, emphasizing the finality of administrative decisio....
Tenant cannot be evicted without the landlord proving lawful title, and concurrent findings of fact by lower courts are not to be interrupted unless perverse.
The judgment emphasizes the importance of continuous possession and the lack of evidence to support adverse possession in property disputes.
The court upheld the dismissal of the eviction suit, finding no evidence of rent default by the defendant, and ruled that the appeal raised no substantial question of law.
Adverse Possession – Necessary ingredients to constitute adverse possession must be proved in order to perfect title over land.
The court affirmed the principle that established boundaries take precedence over conflicting land titles, and concurrent factual findings by lower courts are upheld unless proven manifestly erroneou....
The dismissal of a suit based on a false cause of action and limitation, and the Defendants' settled possession of the property.
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