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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Chandramani Samal – Appellant
Versus
Sukanti Samal – Respondent
| Table of Content |
|---|
| 1. ownership and possession of suit properties. (Para 1 , 2 , 3 , 4 , 5) |
| 2. defendants' arguments against the plaintiff's claim. (Para 6) |
| 3. issues framed and their resolution in favor of the plaintiff. (Para 7 , 9) |
| 4. confirmation of lower court’s judgment by the appellate court. (Para 10 , 12) |
| 5. substantial questions of law regarding property ownership. (Para 13 , 15 , 16) |
| 6. legal rights concerning eviction from self-acquired property. (Para 17 , 18) |
| 7. final analysis supporting eviction of defendants. (Para 19) |
| 8. final dismissal of the appeal. (Para 20) |
JUDGMENT :
A.C. Behera, J.
This Second Appeal has been preferred against the confirming judgment.
2. The Appellants in this Second Appeal being the husband and wife respectively were the Defendant Nos.1 and 2 before the learned Trial Court in the suit vide C.S. No.20 of 2019 and Appellants before the learned 1st Appellate Court in the first appeal.
The Respondent No.1 in this 2nd Appeal was the sole Plaintiff before the learned Trial Court in the suit vide C.S. No.20 of 2019 and Respondent No.1 before the learned 1st Appellate Court in the 1st appeal vide R.F.A. No.16 of 2023.
The Respondent Nos.2 to 5 in this 2nd Appeal we
Under Hindu Succession Act, property registered in the name of a female owner confers absolute ownership, and eviction of non-owners is justified on the grounds of mental and physical abuse.
A property in a female's name is absolute under Section 14 of the Hindu Succession Act; joint family claims cannot assert ownership over it.
Domestic violence - While the DV Act is a social welfare legislation granting protection to women who are victims of domestic violence, every dispute amongst family members cannot be converted into a....
Possession of property by a plaintiff, even without established title, can warrant a decree of permanent injunction against a defendant claiming conflicting title.
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.
The decision by a criminal court does not bind the civil court but would be relevant while dealing with the suit for possession or eviction that may be filed against the daughter-in-law.
The plaintiff was recognized as the adopted son of Parau Majhi, but the suit for exclusive ownership was dismissed due to established co-ownership.
Sales executed by a natural guardian without court permission under the Hindu Minority and Guardianship Act are voidable, remaining valid until the minor challenges them within three years of attaini....
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