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JASPREET SINGH
Musammat Qulsoom – Appellant
Versus
Abdul Rehman – Respondent
| Table of Content |
|---|
| 1. establishment of possession and owner's claim. (Para 2) |
| 2. plaintiff's claim of possession. (Para 4 , 5 , 6 , 10) |
| 3. significance of partition deed. (Para 8 , 11 , 18) |
| 4. defendants' contestation of plaintiff's claims. (Para 12 , 14 , 15) |
| 5. court's observations on possession validation. (Para 17 , 26) |
| 6. court's assessment of evidence. (Para 19 , 22 , 24) |
| 7. impact of documentary evidence on possession claims. (Para 20 , 21) |
| 8. final judgment and dismissal of appeal. (Para 27 , 28 , 32 , 33) |
| 9. final ruling on the appeal. (Para 30 , 31) |
JUDGMENT
Jaspreet Singh, J.
Heard Shri M. A. Siddiqui, learned counsel for the appellants and Shri Satya Prakash Dubey, learned counsel appearing for the respondent.
2. This is defendants second appeal assailing the judgment of reversal passed by the 4th Additional District Judge, Barabanki in Civil Appeal No.14 of 1989 whereby the suit of the plaintiffs for injunction which was dismissed by the trial court was decreed by the lower appellate court.
3. The instant second appeal was admitted by this Court on 15.10.1990 on the questions of law which reads as under:-
The court upheld that an unregistered partition deed can provide context in disputes regarding possession, especially when substantiated by oral evidence of long-term use under Section 9 of the U.P. ....
Possession established under Section 9 of the U.P. Z.A. & L. R. Act, with admissibility of partition deeds for evidential purposes despite non-signatory status.
The onus of proving exclusive possession after partition lies with the plaintiff, and findings must be based on evidence rather than conjectures and surmises.
Party to family partition as minor is estopped from disputing its measurements post-majority without challenge, after acting upon it; plaintiff must prove title independently beyond allotted share, n....
Ownership rights cannot exceed what is originally conveyed in property transactions, substantiating claims requires clear and convincing evidence.
A permanent injunction cannot be granted against co-owners without establishing clear possession or valid title, especially when title is disputed.
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....
The appellate court can reverse trial court findings and consider all evidence in a permanent injunction suit, even after confirming some findings, if the trial court inadequately assessed the eviden....
The court established that appurtenant land is defined by its beneficial use for a building, and that historical ownership and possession are critical in determining property rights, particularly in ....
Mere possession for a long time does not convert permissive possession into adverse possession. The burden of proof rests on the party claiming adverse possession, and unregistered documents may not ....
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