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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
GAJENDRA SINGH
Narbada Bai, W/o. Rameshwar Prasad Dubey (Dead) Thr. Lrs Murlidhar Dubey, S/o. Shri Rameshwar Prasad Dubey – Appellant
Versus
Mahadev Ji Mandir Loknyaas Bandhaiyapura Miloniganj, Jabalpur, Thr.- Shri Sudama Prajapati, S/o. Late Mahesh Prasad – Respondent
ORDER :
GAJENDRA SINGH, J.
This Second Appeal under Section 100 of CPC is preferred challenging the judgment and decree dated 22.01.2021 in RCA No.58-A/2015 by IIIrd Additional District Judge, Jabalpur, District Jabalpur arising out of judgment and decree dated 29.07.2013 in RCSA No.138A/2008 by 13th Civil Judge, Class-I, Jabalpur, District-Jabalpur.
2. According to averments in plaint, facts in brief are that disputed property bearing khasra No.153 rakba 3.80 acres, khasra No.104 rakba 0.97, khasra No.119 rakba 0.67 acres and khasra No.120 rakba 0.58 acres total two acres. Patwari Halka No.24/21 Bandobast No.601 is situated in Mauja Gohalpur, Jabalpur. Plaintiff is a registered Public Trust bearing registration No.278. Shri Sudama Prasad Prajapati/respondent No.1 is the care taker. Shri Chetram Patel, Bhimma alias Bhima Patel/respondent No.2, Shankarlal Prajapati alias Shankar Prajapati/respondent No.3 and Pannalal Patel/respondent No.4 were its trustee and the suit was filed through them. It was averred that the trust was in actual possession of the disputed property since 1959. Defendant Nos.1 to 3/appellants had filed an application for correction of revenue record under Sectio
Ownership claims based on revenue records require substantiated evidence; mere entries do not confer title. Courts upheld prior judgments confirming plaintiffs' rights to the property.
Revenue records do not establish ownership; the burden of proving title lies with the plaintiff, and failure to provide valid documentation leads to resolution against the claim.
Revenue records do not confer title; ownership must be established through valid documentation and historical possession.
Civil suits can challenge revenue authority orders if they violate principles of natural justice. Failure to notify affected parties renders such orders void.
Possession follows title; entries in revenue records do not confer ownership. A suit for injunction is maintainable without seeking declaration of title when possession is established.
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
The settlement order, revenue records, and lack of evidence supporting adverse possession claims were crucial in establishing the plaintiffs' continuous possession and defeating the defendants' claim....
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