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T. AMARNATH GOUD
Mina Sinha – Appellant
Versus
Kajalmani Sinha – Respondent
JUDGMENT
T. Amarnath Goud, J. - Heard Mr. S.M. Chakraborty, learned senior counsel assisted by Mrs. P. Chakraborty, learned counsel appearing for the appellants-plaintiffs. Also heard Ms. S. Deb, learned counsel appearing for the respondents-defendants.
2. Both these second appeals are heard and decided together since, they are connected by way of common judgment and decree. As such, they are combined for disposal by a common judgment and order inasmuch as, both the appeals emerged from the common judgment and decree dated 17.04.2018 delivered in Title Appeal No. 01 of 2017 and Title Appeal No. 02 of 2017 respectively, by the learned Addl. District Judge, Unakoti, Kailashahar. The learned Additional District Judge, Unakoti, Kailashahar, in Title Appeal No. 01 of 2017 and Title Appeal No. 02 of 2017 respectively, affirmed the judgment and decree dated 02.12.2016 passed in Title Suit No. 26 of 2015 and Title Suit No. 01 (CC) of 2016 passed by the learned Court of Civil Judge, (Sr. Division), Unakoti, Kailashahar. At the time of admitting the appeals, the following substantial questions of law were formulated by this Court:
RSA. No. 17 of 2018:
"1. Whether the first appellate Court has co
Allegations of fraud in property disputes require specific particulars; negligence in substantiating claims bars relief under limitation laws.
Res judicata applies when a matter has been previously decided; a party cannot reopen issues settled by a competent court. The lack of evidence of fraud in the execution of sale deeds negates claims ....
A party cannot reopen issues previously settled by a competent court. The principle of res judicata applies when prior judgments are based on the same material facts and parties involved.
In a suit for declaration of title, the plaintiff must prove ownership; failure to seek possession forfeits claims against an adverse possessor.
The court affirmed that a sale deed executed with authority is valid unless fraud or coercion is proven, and claims must be filed within a statute of limitations.
Lease agreements do not confer ownership of land; independent evidence of ownership is required beyond mere entries in revenue records.
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