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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Kailash Prasad Sahoo – Appellant
Versus
Rajendra Prasad Singh – Respondent
| Table of Content |
|---|
| 1. ownership and possession disputes over property. (Para 1 , 5 , 6) |
| 2. issuing legal findings on property titles. (Para 7 , 8 , 9) |
| 3. arguing appeals based on previous court decisions. (Para 13 , 14 , 15 , 17) |
| 4. final determination on appeals and cross-appeals. (Para 18 , 19 , 20) |
| 5. court's final decree and conclusion. (Para 21 , 22) |
Judgment :
1. This is an appeal by the Defendants against a reversing judgment passed by learned Addl. District and Sessions Judge, Fast Track Court, Rourkela in R.F.A No.8/9 of 2007-2009 on 03.12.2009 followed by decree whereby the judgment passed by learned Civil Judge (Sr. Division), Rourkela, on 30.10.2006 followed by decree in T.S. No.25/2000 was modified to the extent of allowing the cross appeal filed by the Plaintiffs and dismissing the appeal filed by the Defendants.
3. The schedule property as described in the plaint is as follows;
4. The suit land has been described as gharabari land and house over Sabik Plot No.188/558 measuring an area of Ac.0.090 decs. of mouza Mahulpali under Hal Khata No.431.
6. The defendants contested the suit by filing written statement, inter alia, taking the stand that the father of the Plaintiffs was nev
Res Judicata applies in property disputes, preventing reopening of previously adjudicated claims unless properly challenged. Concurrent findings of fact regarding title and possession are only overtu....
The Appellate Court erred in denying recovery of possession despite confirming the plaintiff's title, emphasizing that possession without title is unlawful.
Concurrent findings of fact by the Trial Court and First Appellate Court are binding and cannot be interfered with under Section 100 of the CPC.
The court ruled that undoubted admissions regarding ownership eliminate the necessity for further proof, reinstating the trial court's decree favoring the plaintiffs against the procedural objections....
The need for a fair consideration of evidence and the requirement for the Government to disclose crucial evidence in land dispute cases.
Possession must be adverse and hostile to establish adverse possession; mere long-term possession does not equate to legal title without evidentiary support.
Civil Suit - Deed of partition – Share - Rule 18 of Order 6 provides that if an Order for leave to amend is obtained and if a party does not amend within time limited for that purpose by the order or....
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