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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
ALOK AWASTHI
Dharmanand @ Dhannalal – Appellant
Versus
Yashwant – Respondent
JUDGMENT :
ALOK AWASTHI, J.
Heard on the question of admission.
2. The appellants have preferred present appeal under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") being aggrieved by the judgment and decree dated 06.05.2025 passed by learned Additional District Judge, Dr. Ambedkar Nagar, District Indore in RCA No. 10/2025 whereby judgment and decree dated 23.12.2024 passed by learned Civil Judge, Junior Division, Dr. Ambedkar Nagar, District Indore in RCS A No. 478-A/2018 partially dismissed the suit filed by the appellants/plaintiff, has been affirmed and appeal filed by the appellants has been dismissed.
3. Necessary facts for disposal of this appeal, in brief are that the appellants/plaintiffs had purchased the land bearing Survey No. 84/1 area 2.223 hectare situated at Village Jafarabad, Tehsil Dr. Ambedkar Nagar, District Indore from the previous owner of the land namely Bheru Singh @ Bherulal S/o Moti Singh through a registered sale deed dated 04.07.1998. The name of the appellants have also been recorded in the revenue records as the landowner of the disputed land. To the West side of the land of Survey No. 84/1, land of Survey No. 84/2 owne
The High Court cannot interfere with concurrent findings of fact unless they are perverse; a substantial question of law must be established for a second appeal under CPC.
The possession is a pure question of fact, and the findings of fact recorded by the lower courts cannot be interfered with unless they are based on no evidence or are perverse.
Possession and ownership are questions of fact, and decisions such as Panchayat resolutions do not confer ownership unless registered as per Section 17 of the Indian Registration Act.
The jurisdiction of the Civil Court is limited to substantial questions of law, and adverse possession must be proven with evidence to claim ownership of government land.
The court affirmed the Plaintiffs' easementary rights based on historical use and legal documentation, emphasizing the significance of such rights in property law.
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