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SANDEEP N. BHATT
Legal Heirs of Ratilal Tribhovandas Mistri – Appellant
Versus
Navnitlal Rambhai Panchal-Decd. – Respondent
JUDGMENT (ORAL)
This second appeal is filed under Section 100 of the Code of Civil Procedure, 1908 (‘CPC’ for short) praying for quashing and setting aside the judgment and decree dated 2.2.2016 passed by the 2nd Additional District Judge, Navsari in Regular Civil Appeal No.102 of 2005 confirming the judgment and decree passed in Special Suit No.67 of 1983 decided on 27.3.1986 by the learned Civil Judge, Senior Division, Navsari.
2. This second appeal is filed in the year 2016 and still pending for admission. It also transpires that the matter is adjourned from time to time for one reason or another and after almost eight years, the matter is taken up for consideration at admission stage and heard.
3. Learned advocate Mr.Khubchandani for learned advocate Mr.Vyas is appearing on caveat for some of the respondents and therefore he is also heard in this matter. The parties are referred to in this appeal by their original status for the sake of convenience.
4. The appellants are the original defendants and the respondents are the original plaintiffs, who had filed the suit for recovery of the actual, peaceful and vacant possession of the property described in the plaint para 1, from th
(1) Adverse Possession – Mere long possession will not create any right by way of adverse possession – There should be element of definite refusal of right of ownership or title as well as hostile po....
The main legal point established in the judgment is that a claim of adverse possession and ownership based on an oral gift must be substantiated with clear evidence, and the burden of proof lies with....
A second appeal under Section 100 CPC cannot challenge concurrent factual findings unless substantial questions of law are presented.
The judgment emphasizes the legal principles of adverse possession, including the requirements of open, clear, continuous, and hostile possession, burden of proof, and the need for a substantial ques....
Claim of adverse possession requires open, continuous possession with knowledge to the rightful owner. Plaintiffs failed to provide sufficient evidence, resulting in dismissal.
Adverse possession requires clear and unequivocal evidence of continuous, open, and hostile possession against the true owner's title, validly pleaded and established.
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