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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY, J.
Shri Valley Refractories Ltd. – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
Heard the learned counsel appearing on behalf of the parties.
2. During the course of argument, the learned counsel for the appellant has submitted that the suit was decided ex-parte. Neither the defendants filed their written statement nor they appeared in the case, nor they cross examined any of the witnesses of the plaintiff. He has submitted that the suit was filed on the basis of registered deed of sale executed in favour of the plaintiffs. The suit was filed for declaration of title and also confirmation of possession and alternative prayer was also made that if the plaintiff is found dispossessed, he will be put in possession of the property.
3. The learned counsel has submitted that the cause of action arose when an entry in record of right came to the knowledge of the plaintiff in the year 2021 that the property has been recorded in the name of Anabad Bihar Sarkar showing illegal possession of the plaintiff. He has submitted that the learned court has recorded possession in favour of the plaintiff and the respondents has not filed any cross objection or cross appeal in connection with the finding with regard to possession.
4. The learned co
A plaintiff must present compelling evidence to rebut existing presumptions in property records; otherwise, a suit can be dismissed, especially when considering limitation laws.
The presumption of correctness of entries in the record of rights under the Bihar Land Reforms Act is rebuttable, and mere possession does not confer title without proof of vendor's title.
A plaintiff must establish their own ownership in a suit for title and possession, as entries in revenue records do not confer title.
The original sale deed must be produced to validate property claims; failure to do so leads to adverse inferences and dismissal of the suit.
Entries in revenue records create a presumption of ownership that must be rebutted by the opposing party; mere claims of adverse possession without supporting ownership evidence are insufficient.
In a suit for declaration of title, the plaintiff must prove ownership; failure to seek possession forfeits claims against an adverse possessor.
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