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JASPREET SINGH
Musammat Qulsoom – Appellant
Versus
Abdul Rehman – Respondent
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 which reads as under:-
(H) Whether there being no reference of the land in suit in 1967 partition agreement a finding on the basis of said agreement could be recorded on surmises and conjectures?"
4. Before adverting to the aforesaid questions of law certain brief facts giving rise to the instant appeal are noticed hereinafter.
5. The original plaintiff, namely, Abdul Rahman instituted a suit before Munsif, Barabanki registered as Original Suit No.212 of 1981 against six defendants, namely,
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.
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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