Back
RAJNISH KUMAR
Gaya Prasad Yadav (Deceased) Thru. (Ram Sumer And Another) – Appellant
Versus
Ram Bux(Deceased) Thru. (Ishvar Deen) – Respondent
JUDGMENT :
Hon'ble Rajnish Kumar, J.
1. Heard, Sri Balram Yadav, learned counsel for the appellants and Sri Nand Kishore, learned counsel for the respondents.
2. The instant second appeal has been filed for setting aside the judgment and decree dated 26.08.1988, passed in Civil Appeal No.525 of 1982; Gaya Prasad and 3 others versus Ram Bux by the IIIrd Additional District Judge, Faizabad and direct the respondent to not interfere into the possession of the appellants.
3. The following substantial questions of law have been formulated by the court in the second appeal:-
(ii) Whether the findings of the learned trial court are without consideration of evidence and perverse?”
4. The brief facts of the case, as pleaded in the plaint, by the respondent who had filed the Regular Suit No.79 of 1981(Ram Bux versus Gaya Prasad and others) is that the parties are resident of Village Sidhaura, Sahijauna, Tehsil Bikapur, District Faizabad. The land in dispute marked by letters Ka, Kha, Ga, Gha in the plaint map belongs to the plaintiff i.e. the
The court affirmed that land claimed as appurtenant must be essential for the beneficial enjoyment of the house, proven by long-term use, and clarified the distinctions between easementary rights and....
Title and adverse possession claims mutually inconsistent; adverse possession requires proof of specific hostile, open, continuous possession known to owner. No interference with concurrent factual f....
Permissive possession does not mature into adverse without hostile animus known to owner and proof of continuous, open denial of title for 12 years; no re-appreciation of concurrent factual findings ....
A landowner retains ownership of appurtenant land despite physical deterioration of the building, as possession based on historical claims and will documentation is recognized under relevant statutor....
To establish adverse possession, the claimant must specifically plead and prove a hostile assertion of ownership, disclaiming the original title from a particular date, which was not accomplished her....
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
