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S. TALAPATRA
Naresh Chandra Deb – Appellant
Versus
Biru Chandra Saha – Respondent
JUDGMENT
This appeal by the plaintiff under Section 100 of the CPC arises from the judgment dated 05.02.2021 delivered in Title Appeal No.39 of 2018 by the District Judge, West Tripura, Agartala. Having noted that the plaintiffs have proved their title over the suit land, but they have failed to prove any cause of action to institute the suit, the Civil Judge who tried the suit denied to give any consequential relief as sought. Reliefs sought by the plaintiffs are as follows:
(a) a decree declaring that the Plaintiffs have right, title and interest over the suit land;
(b) a decree for recovery of possession of the suit land by evicting the Defendants and handing over the vacant possession to the Plaintiffs, and
(c) a decree of perpetual injunction restraining the Defendants and their men and agent from entering into the suit land.
02. The suit land is situated in mouja Indranagar under Sadar Sub-division, West Tripura District appertaining to Khatians No.3351 and 10720, CS Plots No.PB-4079 and 42/P corresponding to R.S (Hal) Plot No.124 and 124/20696 and measuring 2.48 acre. The suit land has been more elaborately described in the schedule appended to the plaint. The judgment dated 24
The burden of proof lies on the party asserting ownership or adverse possession, and mere entries in khatian records do not suffice to establish title without supporting evidence.
Mere possession for a long time does not convert permissive possession into adverse possession. The burden of proof rests on the party claiming adverse possession, and unregistered documents may not ....
A plaintiff must establish their own ownership in a suit for title and possession, as entries in revenue records do not confer title.
The court affirmed the principle that established boundaries take precedence over conflicting land titles, and concurrent factual findings by lower courts are upheld unless proven manifestly erroneou....
A claim of title and adverse possession cannot coexist; plaintiffs must establish their title to succeed in a suit for declaration.
Revenue records do not confer ownership; adverse possession requires clear and unequivocal evidence of denial of title.
The court confirmed that adverse possession can secure title even against invalid transfer documents, provided uninterrupted possession exceeds 12 years and is public, emphasizing the significance of....
The record of rights (Khatian) is presumptive evidence of ownership, establishing Rayati rights until disproved, leading to recovery of possession.
A claim of adverse possession cannot be sustained if possession stems from an agreement to sell, which legally acknowledges the owner's title.
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