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T. AMARNATH GOUD
Archana Rani Deb – Appellant
Versus
Kamaljit Singh – Respondent
JUDGMENT
1. Heard Mr. K. Datta, learned counsel appearing for the appellant as well as Mr. D. R. Chowdhury, learned senior counsel assisted by Mr. S. Sarkar, learned counsel for the respondents.
2. This is an appeal under Section 100 of the CIVIL PROCEDURE CODE against the judgment dated 06-06-2016 and decree passed by Additional District Judge, Court No.5, West Tripura, Agartala in Title Appeal 04 of 2014 arising out of Judgment and decree dated 26.09.2013 passed by Civil Judge, Sr. Division, Court No1, West Tripura, Agartala in case no. TS 125 of 2011.
3. At the outset, the controversy that led to filing of the suit may briefly be introduced. The plaintiff Appellant as Plaintiff instituted the Title Suit No. TS.125 of 2011 in the Court of Ld. Civil Judge, Sr. Division, Court No.1, West Tripura, Agartala against the Defendant - Respondents for confirmation of right title and recovery of possession by evicting the defendants therefrom.
4. In a nutshell the plaintiff's case is that, she purchased two gandas of land from one Shyamal Sengupta on 05.07.2005 by a registered sale deed. Her said purchased land was also mutated in her name. In the month of November 2006 the defendants encroa
The appellate court must not overstep its jurisdiction or set aside decrees that are not part of the appeal unless clearly justified; ownership claims must respect established legal boundaries and ow....
Concurrent findings of fact by the Trial Court and First Appellate Court are binding and cannot be interfered with under Section 100 of the CPC.
The court held that a title deed must be substantiated with clear evidence, and the Survey Commissioner's findings are critical in resolving land disputes.
The plaintiff must establish proof of absolute ownership and encroachment to succeed in property disputes, with evidence discrepancies adversely affecting claims.
A plaintiff can amend a suit to specify claims based on substantial evidence. Courts must consider all relevant claims and evidence to prevent erroneous dismissal.
In property disputes, admissions by the defendant regarding ownership can significantly influence the outcome, and the absence of documentary evidence does not necessarily bar a decree for eviction i....
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 plaintiff must seek a declaration of title when the defendant denies it, as failure to do so renders a suit for confirmation of title invalid.
Plaintiff's subsisting title must be established to claim possession. Adverse possession claim requires fulfillment of specific requirements.
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