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T. AMARNATH GOUD
Radha Ranjan Paul – Appellant
Versus
Champa Dar – Respondent
JUDGMENT
T. Amarnath Goud, J. - Heard Mr. S. Lodh, learned counsel appearing for the plaintiff-appellants. Also heard Mr. S. Bhattacharjee, learned counsel appearing for the respondents.
2. This is an appeal under Section 100 of the CPC against the reversal finding returned by the judgment dated 09.02.2018, delivered in Title Appeal No. 19 of 2012 by the learned District Judge, North Tripura, Dharmanagar. The judgment and decree dated 25.06.2012 & 02.07.2012 delivered in the Title Suit No. 04 of 2006 by the learned Civil Judge, Jr. Division, Dharmanagar, North Tripura, has been reversed and the suit has been decreed. On questioning the legality of the said judgment dated 09.02.2018, delivered in Title Appeal No. 19 of 2012, this appeal has been preferred by the appellants. At the time of admitting the appeal, the following substantial questions of law were formulated by this Court:
'(i) Whether the finding of the First Appellate Court is perverse for misappropriation of evidence in regard to the title of the plaintiff?
(ii) Any other substantial question of law shall be decided at the time of hearing.
3. The brief history of the case filed by the plaintiff, the appellants herein are i
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....
Adverse possession requires clear proof of hostile, open, and continuous possession; claims based on mere occupation without valid documents are insufficient.
Adverse possession requires the defendant to prove continuous, open, and hostile possession for the statutory period, which was not established in this case.
Plaintiff's subsisting title must be established to claim possession. Adverse possession claim requires fulfillment of specific requirements.
It is settled that necessary ingredients of adverse possession are required to be specifically pleaded and necessary factual foundation in support thereof is to be made out. Equally important is nece....
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 ....
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