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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Hari Kumhar, son of Late Ganesh Kumhar – Appellant
Versus
Laldeo Kumhar – Respondent
| Table of Content |
|---|
| 1. second appeal filed against lower court judgment. (Para 1 , 2) |
| 2. plaintiff claims ownership based on paternal inheritance. (Para 3 , 5 , 6 , 21) |
| 3. defendants assert surrender of land by plaintiff's ancestor. (Para 4 , 7 , 8 , 12 , 13 , 14) |
| 4. trial court finds both parties fail to prove ownership. (Para 9 , 11 , 20) |
| 5. defendants relied on oral traditions and evidential documents. (Para 19) |
| 6. court assessed both parties' failure to substantiate their claims. (Para 28) |
| 7. substantial questions of law discussed. (Para 29 , 33) |
| 8. first appellate court dismisses plaintiff's case due to lack of proof. (Para 30 , 31 , 32) |
| 9. legal presumption of possession based on record of rights. (Para 35 , 36 , 38 , 39) |
| 10. court affirms the validity of revenue records. (Para 40 , 41) |
| 11. appeal disposed of based on legal findings. (Para 42 , 43) |
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
This second appeal has been filed against the Judgment dated 08.05.2018 (Decree signed on 21.05.2018) passed by the learned Additional Judicial Commissioner-II at Ranchi in Civil (Title) Appeal No.46 of 2016 whereby and whereunder the appeal preferred by the plaintiff/appellant has been dismissed and the Judgme
An entry in record-of-rights is a rebuttable presumption of ownership; without evidence of dispossession, legal claims rooted in such entries remain fortified.
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....
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 record of rights (Khatian) is presumptive evidence of ownership, establishing Rayati rights until disproved, leading to recovery of possession.
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 ....
Tenancy – Mere entry of a non-occupancy tenant is not sufficient to determine tenancy and court has to look to column of rent to determine whether tenancy existed or not.
A plaintiff must establish their own ownership in a suit for title and possession, as entries in revenue records do not confer title.
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