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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Chandra Mani Devi – Appellant
Versus
Ashok Bhagat, Son Of Late Nand Kishore – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1. This appeal has been filed against the judgment dated 29.09.2018 (decree dated 12.10.2018) passed by learned Principal District Judge, Khunti in Civil Appeal No. 01 of 2018 whereby the appeal has been dismissed. The trial court’s judgment is dated 21.11.2017 (decree dated 01.12.2017) passed by learned Civil Judge, Senior Division-1st Khunti, in Original Title Suit No. 05 of 2011 by which the suit has been dismissed.
2. Plaintiffs have lost in both the courts, but a substantial question of law arises for consideration in this case.
3. The learned counsel has submitted that the plaintiffs are claiming the property by virtue of registered sale deed dated 05.02.1986 from the legal heirs of the recorded tenant and at the time of filing of Jamindari returns and assessment of rent in Assessment Case No. 51 of 1955-56 and in form-M, the recorded tenant were found in possession of the property and rent was assessed in their name who continued in possession and sold the property to the plaintiffs and also delivered possession by virtue of registered sale deed dated 05.02.1986.
4. The learned counsel submits that the defendants were claiming the property by
The original sale deed must be produced to validate property claims; failure to do so leads to adverse inferences and dismissal of the suit.
The court held that the plaintiffs proved ownership through valid Sale Deed; defendants failed to substantiate adverse possession claims due to contradictions in evidence.
The main legal point established in the judgment is the presumption of genuineness attached to a registered document and the burden of proof in challenging its validity.
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....
In a suit for declaration of title, the plaintiff must prove ownership; failure to seek possession forfeits claims against an adverse possessor.
A sale deed is void if the stated consideration has not been paid, rendering it a nullity, regardless of recitals in the deed; no rights transfer without valid consideration.
A registered sale deed, while presumptive, does not confer title over property without substantiated evidence of prior ownership and possession.
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