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JASPREET SINGH
Musammat Qulsoom – Appellant
Versus
Abdul Rehman – Respondent
| Table of Content |
|---|
| 1. second appeal concerning possession and rights of land. (Para 1 , 4) |
| 2. background and ownership dispute over property. (Para 2 , 5 , 6) |
| 3. plaintiff's claims of possession and historical rights established. (Para 8) |
| 4. trial and appeal court findings on possession. (Para 9 , 10 , 14) |
| 5. defendants' arguments on ownership and binding deeds. (Para 11 , 12 , 13) |
| 6. court observations on evidence and rights. (Para 17 , 18 , 20 , 21 , 26) |
| 7. final ruling affirms lower appellate court's findings. (Para 27 , 28) |
| 8. legal interpretations of appurtenant land. (Para 29 , 30 , 31) |
| 9. final ruling upholding lower court's decision. (Para 32 , 33) |
JUDGMENT :
Jaspreet Singh, J.
1. 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
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 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. ....
The onus of proving exclusive possession after partition lies with the plaintiff, and findings must be based on evidence rather than conjectures and surmises.
Ownership rights cannot exceed what is originally conveyed in property transactions, substantiating claims requires clear and convincing evidence.
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....
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....
A permanent injunction cannot be granted against co-owners without establishing clear possession or valid title, especially when title is disputed.
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 ....
Possession established prior to the abolition of zamindari can confer rights under Section 9 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, regardless of the validity of an unre....
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