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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARESH KUMAR CHANDRAVANSHI
Amar Prasad Aghariya, S/o Maniram – Appellant
Versus
Sarang Singh Sidar, S/o Late Injore Singh – Respondent
| Table of Content |
|---|
| 1. plaintiff claims ownership and possession of land. (Para 1 , 2 , 3 , 4 , 5) |
| 2. legal arguments regarding title and possession. (Para 6 , 7 , 8) |
| 3. court's examination of evidence and legal rights. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. court affirms appellate decision based on valid title. (Para 18) |
| 5. final decision to dismiss the appeal. (Para 19) |
JUDGMENT :
1. This second appeal has been preferred by the appellants/defendants No.1 & 2 under Section 100 of the Code of Civil Procedure, 1908 , challenging the judgment and decree dated 07.01.2020 (Annexure-A/1) passed by Upper District Judge, Gharghoda, Distt. Raigarh (CG) in Civil Appeal No.25/2019, whereby it has set aside the judgment and decree dated 14.5.2019 (Annexure-A/2) passed by Additional Civil Judge to the Court of First Civil Judge Class-II, Gharghoda Distt. Raigarh (CG) in Civil Suit No.7A/2012 wherein, the civil suit filed by the plaintiff for declaration of absolute title and possession, to get possession of encroached land and cancellation of Order dated 17.8.2011 passed by Sub Divisional Officer (Revenue), Gharghoda and permanent injunction in respect of land mentioned in ‘Schedule A’ annexed
The court affirmed that possession based on a valid Patta grants legal title, and mere possession by others does not confer rights against the lawful titleholder.
The burden of proof in title suits rests with the plaintiffs to establish a superior title; revenue entries are insufficient to confer ownership.
The court emphasized that a plaintiff cannot pursue a civil suit to establish title without challenging a binding order from a revenue authority.
A valid land allotment must be canceled before a subsequent allotment can be deemed lawful, reaffirming the plaintiffs' ownership rights and possession under the Tripura Land Revenue and Land Reforms....
Plaintiff's subsisting title must be established to claim possession. Adverse possession claim requires fulfillment of specific requirements.
The claim of title by adverse possession cannot be raised as an alternative plea of occupancy rayat, and the requirements for the claim of title as an occupancy rayat and that of adverse possession a....
The judgment affirms that civil courts lack jurisdiction over certain land disputes involving aboriginal tribes under specific statutory provisions.
Mere possession does not confer possessory title; non-joinder of the true owner is grounds for dismissal.
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