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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Mrs. Justice Anubha Rawat Choudhary, J
Sumitra Devi W/o Bhola Nath Panda – Appellant
Versus
Mahadeo Tirkey, S/o Bhukala Oraon – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1. This second appeal has been filed against the judgment dated 13.03.2019 and decree signed on 25.03.2019 passed by learned Additional Judicial Commissioner-X, Ranchi in Civil Appeal No.28 of 2015, whereby the said appeal has been dismissed. The judgment and decree dated 29.05.2015 was passed by learned Civil Judge (Sr. Div.)- VIII, Ranchi in Misc. Case No.04 of 2006, whereby the objection filed by the present appellant under Order-XXI, Rule-99 and 101 read with Section 151 of Code of Civil Procedure was dismissed. The aforesaid petition was filed before the executing court dealing with execution of judgment and decree passed in Partition Suit No.99 of 1995 and admittedly, the appellant was not a party in the partition suit.
Arguments of the appellant on the point of formulating substantial question of law in this appeal.
2. The learned counsel for the appellant has submitted that the appellant was not a party in the partition suit and at the stage of execution the appellant filed a petition under Order XXI Rule 99 and 101 read with Section 151 of CPC by stating that the appellant is in possession of the property. The learned counsel submits that
A claim of adverse possession fails if the continuity of possession is disrupted by lawful eviction, and the executing court lacks jurisdiction to decide title issues when eviction proceedings are pe....
A minor cannot acquire property rights through settlement, and claims must be substantiated by proper documentation to establish title and possession.
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....
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.
Mere possession for a long time does not convert permissive possession into adverse possession. The burden of proof rests on the party claiming adverse possession, and unregistered documents may not ....
An entry in record-of-rights is a rebuttable presumption of ownership; without evidence of dispossession, legal claims rooted in such entries remain fortified.
(1) Pleadings – Evidence can be permitted to be given only on a plea properly raised and not in contradiction of plea.(2) Adverse Possession – Once plaintiff proves his title over suit property it i....
Permissive possession does not mature into adverse without hostile animus known to owner and proof of continuous, open denial of title for 12 years; no re-appreciation of concurrent factual findings ....
The original sale deed must be produced to validate property claims; failure to do so leads to adverse inferences and dismissal of the suit.
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