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ARINDAM LODH, S. G. CHATTOPADHYAY
Sumesh Das – Appellant
Versus
Chanchal Kumar Das – Respondent
JUDGMENT
Arindam Lodh, J. - Heard Mr. SM Chakraborty, learned senior counsel assisted by Ms. A. Pal, learned counsel appearing for the defendant-appellant No. 1 here-in-after referred to as the defendant as well as Mr. S. Lodh, learned counsel for the respondents.
2. This is an appeal filed under Section 96 of the Code of Civil Procedure, 1908 against the judgment and decree dated 31.05.2019 passed by the learned Civil Judge, Senior Division, Court no. 1, Unakoti District, Kailasahar in case No. Title Suit 31 of 2018 decreeing the suit of the plaintiff-respondent no. 3 against the defendant no. 1-appellant.
3. The suit out of which the present appeal arises was instituted by the respondents of the present appeal being the plaintiffs impleading the present appellant as defendant no. 1 for declaration of right, title and interest of the plaintiff no. 3 over the suit land described in the plaint schedule and for recovery of khas possession thereof and for compensation and mesne profit.
4. The facts of the case, as projected by the learned trial court, may be reproduced here-in-below:-
"2. The brief fact of the plaintiffs' suit, inter alia, is that the suit land described in first schedul
To establish adverse possession, one must demonstrate actual, continuous, and hostile possession, which must be proven by cogent evidence; mere assertions are insufficient.
Adverse possession requires clear proof of hostile, open, and continuous possession; claims based on mere occupation without valid documents are insufficient.
Plaintiff's subsisting title must be established to claim possession. Adverse possession claim requires fulfillment of specific requirements.
The court affirmed that adverse possession requires substantial proof that is open, continuous, and adverse to the true owner for over 12 years, emphasizing legal title must be established by clear e....
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.
The judgment emphasizes the importance of historical records, legal proceedings, and possession in determining right, title, and interest over properties.
A claim of adverse possession cannot be sustained if possession stems from an agreement to sell, which legally acknowledges the owner's title.
(1) Recovery of possession – Limitation – Suit based on title where plea of adverse possession had not been raised could not be barred by limitation on ground that it was filed after more than 12 yea....
to approach the Civil Court for adjudicating the title in issue and when the defendant's patta had been cancelled during 1995 merely on the production of certain electricity bills and house tax recei....
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