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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
G.S.AHLUWALIA
Balveer Singh – Appellant
Versus
Dashrath Singh – Respondent
| Table of Content |
|---|
| 1. substantial question regarding notice under section 80 of cpc. (Para 3 , 8) |
| 2. plaintiffs claim ownership and use of government land. (Para 4 , 5) |
| 3. trial court decreed in favor of plaintiffs based on evidence. (Para 6 , 7) |
| 4. disputed property is confirmed as government land. (Para 11 , 18) |
| 5. no notice required as suit sought protection of government property. (Para 12 , 13 , 14) |
| 6. trial court properly allowed suit in representative capacity. (Para 15 , 16 , 17) |
| 7. appellate court could adjust decree instead of overturning. (Para 19 , 20) |
| 8. judgment and decree affirmed with modifications. (Para 21 , 22 , 23) |
ORDER :
This second appeal under Section 100 of CPC has been filed against the judgment and decree dated 14.10.2016 passed by First Additional District Judge, Ashoknagar in Civil Appeal No.1-A/2016, by which judgment and decree dated 14.09.2015 passed by Fourth Civil Judge, Class-II, Ashoknagar in RCSA No.8-A/2014 has been reversed.
2. The appellants are the plaintiffs who have lost their case from the court below.
3. By order dated 16.03.2017, appeal has been admitted on following substantial question of law:
"Whether the first appellate Court erred in reversing
The appellate court may correct the trial court’s decree but cannot set it aside without warrant if it maintains the substantive issues concerning land ownership and encroachment.
The main legal point established in the judgment is that a party must come with clean hands and have locus standi to maintain a suit. Non-joinder of a necessary party can render a suit non-maintainab....
Mere possession does not confer possessory title; non-joinder of the true owner is grounds for dismissal.
Government land allotment confers rights to the allottee, validating the maintainability of an injunction suit despite disputes over title.
The need for a fair consideration of evidence and the requirement for the Government to disclose crucial evidence in land dispute cases.
Plaintiffs must specifically identify encroached property to effectively claim recovery of possession.
The right to sue accrues when there is a clear and unequivocal threat to infringe the right of the plaintiff. The Trial Court erred in holding the suit barred by limitation. The provisions of Section....
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