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IN THE HIGH COURT OF JHARKHAND, RANCHI
Mr. Justice Sanjay Kumar Dwivedi, J
Indramani Devi W/o Shri Raghubir Prajapati – Appellant
Versus
Maheshwar Mahto, S/o – Late Deodhari Mahato – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard learned counsel appearing for the appellants.
2. This second appeal has been preferred against the judgment dated 9th August, 2024 and decree prepared on 20th August, 2024 and decree signed on 23.08.2024 whereby the Civil Appeal No.08 of 2022 has been dismissed by the learned Principal District Judge, Garhwa confirming the judgment dated 30th June, 2022 and decree prepared on 30.06.2022 and signed on 05.07.2022 by learned Civil Judge (Jr. Div.)-II, Garhwa, passed in Title Suit No.43 of 2008.
3. Title Suit No.43 of 2008 was instituted by one Maheshwar Mahto/plaintiff for declaration of indefeasible right, title and interest over the suit land and for permanent injunction against the defendants and cost is also prayed which was decided in favour of the plaintiff by judgment dated 30th June, 2022 when the decree was prepared and aggrieved to that the appellants/defendants has preferred the Civil Appeal No.08 of 2022 which was decided by judgment dated 09.08.2022 and by the said judgment the appeal was dismissed and the judgment of the learned trial court was affirmed.
4. Mr. Choubey, learned counsel appearing for the appellants submits that learned
The court upheld the principle that prior judgments declaring deeds void are binding, affirming the plaintiff's title against claims of adverse possession.
Plaintiff's subsisting title must be established to claim possession. Adverse possession claim requires fulfillment of specific requirements.
The main legal point established in the judgment is the interpretation of documents and the application of the principle of adverse possession in property disputes.
The court affirmed that possession based on a valid Patta grants legal title, and mere possession by others does not confer rights against the lawful titleholder.
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....
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