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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
RAJNISH KUMAR
Kandhai – Appellant
Versus
Chameli Devi – Respondent
JUDGMENT :
Rajnish Kumar, J.
1. Heard Shri Utkarsh Yadav, Advocate holding brief of Shri M.P. Yadav, learned counsel for the appellant and Shri R.R Dev, learned counsel for respondent no. 1. None appeared for other respondents.
2. This second appeal under Section 100 of CIVIL PROCEDURE CODE has been preferred against the judgment and decree dated 23.10.2023, passed in Civil Appeal No. 36/2012; Kandhai versus Smt. Chameli and others by Additional District Judge Court No. 4, District Faizabad affirming the judgment and decree dated 10.02.2012 passed in R.S 334 of 2001; Smt. Chameli Devi versus Kandhai and others by Additional Civil Judge, Senior Division, Court No. 14, Faizabad.
3. Learned counsel for the appellant submits that there is no dispute with regard to ownership of the land in dispute in favour of respondent no. 1 as a will was executed by Ram Jas, in her favour. However, the possession is disputed because after the house on the southern part of the land in dispute fell, nothing was constructed on the same by respondent no. 1 and it cannot be said to be the appurtenant land of the house of the respondent no. 1, therefore, the injunction could not have been granted in favour o
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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....
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The First Appellate Court must comply with procedural requirements and evaluate evidence from both parties; failure to do so renders its findings perverse.
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 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 ....
The onus of proving exclusive possession after partition lies with the plaintiff, and findings must be based on evidence rather than conjectures and surmises.
Co-sharers can construct on their respective shares of joint land without infringing on others' rights; exclusive possession does not confer separate ownership until legally partitioned.
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