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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MRS. JUSTICE ANUBHA RAWAT CHOUDHARY, J
Lok Nath Jaiswal S/o Late Lal Bihari Lal – Appellant
Versus
Kedar Nath Jaiswal S/o Late Lal Bihari Lal – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
Heard learned counsel appearing for the appellant.
2. This second appeal has been filed against the judgment and decree dated 31.05.2018 (Decree sealed and signed on 14.06.2018) passed by the learned District Judge-I, Dhanbad in Civil Appeal No. 66 of 2017 whereby the judgment and decree dated 06.06.2017 (Decree sealed and signed on 15.06.2017) passed by learned Civil Judge (Senior Division)-VI, Dhanbad in Title Suit No.123 of 2009 has been reversed.
3. The learned counsel for the appellant submitted that the matter arises out of Title Suit No.123 of 2009 seeking recovery of possession of the suit property. The plaintiff had asserted that the defendants were in permissive possession of the suit property. The suit was decreed by the trial court. The defendants filed Civil Appeal No.66 of 2017 and the decree in the title suit has been set aside on the ground that Title Eviction Suit No.49 of 2002 filed by the plaintiff against the defendants was pending and therefore, the stand taken by the plaintiff in the Title Eviction Suit No. 49 of 2002 seeking eviction under the building control laws on the ground of default in payment of rent being inconsisten
The appellate court ruled that a plaintiff must clarify the status of possession and seek a declaration of ownership to recover possession, failing which the suit is not maintainable.
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....
Establishing a landlord-tenant relationship is essential for eviction; mere ownership does not suffice without proof of tenancy.
In property disputes where neither party has a valid title, the person in prior possession is entitled to recover possession, and a suit for recovery of possession is maintainable even if the title i....
Withdrawal of a suit post-adjudication at the appellate stage requires strong justification to avoid prejudicing vested rights established by a prior decree.
Civil Law - Recovery of khas possession - It is a settled law that entry of names in records of right does not vest any ownership over the said land and is only indicative about the possession over s....
The dismissal of a suit based on a false cause of action and limitation, and the Defendants' settled possession of the property.
The establishment of title and failure to prove right to possession are crucial in determining entitlement to recovery of possession.
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