Back
RAJNISH KUMAR
Abdul Aziz – Appellant
Versus
Mohd. Khalid – Respondent
| Table of Content |
|---|
| 1. challenge to writ of possession based on prior rulings. (Para 2 , 3 , 4) |
| 2. arguments on the identifiability of the property. (Para 5 , 6) |
| 3. court's observations on the execution order and property identification. (Para 7) |
| 4. background on ownership claims and court findings. (Para 8 , 9 , 10) |
| 5. final determination on ownership and identification. (Para 11 , 12) |
| 6. legal principles regarding errors in property description. (Para 13) |
| 7. dismissal of the petition with no costs. (Para 14 , 15) |
JUDGMENT
Rajnish Kumar, J.
Heard Shri Nishank Rastogi, learned counsel for petitioner and Shri Mohd. Tariq, learned counsel for respondent no. 6.
2. This petition has been filed challenging the order dated 21.11.2023 passed by learned Prescribed Authority/Additional Civil Judge, Court No. 21, Lucknow in P.A. Ex./29/2021 (Old No.4/2011) (Muzzamil Husain v. Abdul Azeez) by means of which a writ of possession has been issued according to the municipal number.
3. Learned counsel for petitioners submits that the respondents had filed P.A. Case No. 10 of 2010 for vacation against the petitioner. The said case was contested by the petitioner denying the tenancy between the respondents and
A property can be identified by municipal number despite discrepancies in boundary descriptions, affirming the finality of prior judicial decisions regarding ownership claims.
The court emphasized the necessity of appointing a commissioner for boundary demarcation in property disputes, reinforcing the importance of valid title documentation over oral claims.
The validity of the amendment to the plaint schedule boundaries and the rectification deed was upheld, establishing the plaintiff's title to the disputed property despite the misdescription in the do....
The appellate court misdirected its assessment, failing to recognize that property ownership and identity were sufficiently proven by prior deeds and tax records.
Decrees regarding immovable property must be upheld despite minor identification errors, allowing for amendments under CPC to ensure proper execution.
The main legal point established in the judgment is the importance of fair conduct and clean hands in seeking the extraordinary remedy of a writ of certiorari, and the principle that a litigant canno....
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
