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T. AMARNATH GOUD
Pradip Brata Roy – Appellant
Versus
Manabala Rudra Paul – Respondent
| Table of Content |
|---|
| 1. establishing facts of ownership and loan agreement. (Para 1 , 2 , 3 , 4) |
| 2. background of appeal and trial court's decision. (Para 5 , 6 , 7) |
| 3. substantial questions raised by the appellant. (Para 8 , 9 , 10) |
| 4. arguments presented by both counsels. (Para 11 , 12 , 13) |
| 5. court's assessment of arguments and limitations. (Para 14 , 15 , 16 , 17) |
| 6. final judgment and dismissal of the appeal. (Para 18) |
JUDGMENT
1. This is an appeal under Section 100 of the CPC preferred against the judgment and decree dated 20.09.2019 and 24.09.2019 respectively delivered by the District Judge, Khowai in T.A.08 of 2018 dismissing the judgment and decree passed in T.S.02 of 2012 dated 18.07.2018.
2. The brief fact of the case is that the plaintiffs have some portion of land measuring 9 gandas in total nearby their homestead at Karoilong which they have inherited from deceased Narendra Chandra Rudra Paul as described in Schedule-A of the plaint. In the year 2002-2003, due to dire need of money, the plaintiff approached the defendant No.2 for loan amounting to Rs.20,000/- which the defendant No.2 had given the plaintiff on taking her thumb impression on a paper narrating and explaining her
An undivided owner's possession of property cannot be transferred without proper authority, and actions for cancellation of disputed sales are valid within three years from knowledge of the sale's ex....
Point of law: “Conduct of indifference or Acquiescence and held that, it is settled law that an estoppel may arise as against persons who have not willfully made any misrepresentation, and whose cond....
The court emphasized the importance of proving ownership and complying with the rules of non-joinder of parties and limitation in civil suits.
The right to sue for partition is a recurring right, and the cause of action arises on a day-to-day basis. The purchasers from defendant No.1 were not necessary parties to the suit.
In partition suits, assumption of constructive notice from the execution of registered Sale Deeds establishes the basis for determining rightful ownership and entitlements, which must be initiated wi....
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