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ANIL KUMAR CHOUDHARY
Suman Prasad W/O Sheo Shankar Prasad – Appellant
Versus
Lakshmi Pandey S/O Late Shyam Lal Pandey – Respondent
JUDGMENT :
Anil Kumar Choudhary, J.
Heard the learned counsel for the appellants.
2. This Second Appeal, filed under section 100 of the Code of Civil Procedure, 1908 has been preferred against the judgment of reversal dated 05.03.2020 passed by learned District Judge-IV, Koderma in Civil Appeal No.11 of 2016 whereby and where under the learned first appellate court reversed the judgment and decree passed by the trial court and dismissed the suit of the plaintiffs being Title Suit No.04 of 2010 filed in the court of learned Civil Judge (Senior Division)-I, Koderma and allowed the appeal in part so far as the land described in Schedule -I of the plaint but dismissed the appeal in part with respect to the suit land described in Schedule -II of the land.
3. The brief facts of the case is that the plaintiffs filed Title Suit No.04 of 2010 in the court of learned Civil Judge (Senior Division)-I, Koderma with a prayer for declaration of right, title and interest over the land described in Schedule I of the plaint and for confirmation of possession over the suit land. Further, the plaintiffs prayed for further reliefs to restrain the defendants from transferring or alienating the suit land and
The plaintiffs failed to establish title and possession over the suit land, and the suit was invalid due to non-joinder of necessary parties.
The First Appellate Court must independently assess evidence and provide detailed findings on all relevant issues, failing which its decision is unsustainable.
The court upheld the admissibility of historical tenancy documents under Section 90 of the Evidence Act, confirming the plaintiffs' rights over the land despite challenges regarding document validity....
The court confirmed that adverse possession can secure title even against invalid transfer documents, provided uninterrupted possession exceeds 12 years and is public, emphasizing the significance of....
Adverse Possession – Necessary ingredients to constitute adverse possession must be proved in order to perfect title over land.
The burden of proof lies on the party asserting ownership or adverse possession, and mere entries in khatian records do not suffice to establish title without supporting evidence.
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.
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