Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Chhotu Keot @ Chhotan Keot son of Laxman Keot – Appellant
Versus
Ratan Lal Jain, son of Late Sugan Chand Jain, (Dead), Pankaj Kumar Jain – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1. This second appeal has been filed against the Judgment and Decree dated 23.12.1997 (Decree signed on 20.01.1998) passed by the learned Additional District Judge, Bermo at Tenughat in Title Appeal No.15/1995 and the Judgment and Decree dated 30.05.1995 (Decree signed on 16.06.1995) passed by the learned Munsif, Bermo at Tenughat in Title Suit No.47/1992. The defendants are the appellants before this Court.
2. The original plaintiff namely, Ratan Lal Jain had filed the title suit seeking declaration of title and recovery of possession over schedule B land shown in red colour on the map attached with the plaint and also a decree for injunction restraining the defendants from interfering with the possession of the plaintiff over Schedule-A land or any portion thereof and barring encroachment over Schedule 'B' land.
3. The Schedule-A and Schedule-B of the plaint are as under:
Schedule-A
| Khata No. | Plot No. | Area | |
| Item No: I | 407 | 3767 | 0.10 acres |
| As described by letter ‘A’ on the map | |||
| Item No: II | 407 | 3767 | 0.11 acres |
As described by letter ‘A’ on the map
Boundary of both the lands measuring an area of 0.21 acres is as follows:-
North- Road, South- Gobardhan Tiwary, no
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....
(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....
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.
The court ruled that possession and title rights must consider all relevant evidence, reaffirming ownership claims despite conflicting assertions of title from opposing parties.
Parties must prove their title claims in property disputes, and long-standing adverse possession can extinguish demand for title.
The claim of title by adverse possession cannot be raised as an alternative plea of occupancy rayat, and the requirements for the claim of title as an occupancy rayat and that of adverse possession a....
Ownership claims require clear evidence, and adverse possession is incompatible with claims of title, as established in this case.
A claim of title through adverse possession is inadmissible when a claimant asserts title through inheritance over the same property, as these claims are mutually exclusive.
to approach the Civil Court for adjudicating the title in issue and when the defendant's patta had been cancelled during 1995 merely on the production of certain electricity bills and house tax recei....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
