CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J
Atal Shrivastava v. Devprasad and Another
| Table of Content |
|---|
| 1. validity and ownership of ancestral land through transfers. (Para 1 , 2 , 3) |
| 2. court upheld trial court's findings and evidence analysis. (Para 4 , 5 , 8 , 26) |
| 3. burden of proof lies with the plaintiff regarding the title. (Para 6 , 7 , 22 , 23) |
1. The instant appeal, preferred by the plaintiff, under S.96 of the Code of Civil Procedure, 1908, is directed against judgment and decree dated 5-2-2011 passed by 1st Additional District Judge, Bilaspur in Civil Suit No. 19 - A / 2009, whereby the suit, filed by the plaintiff / appellant for declaration of title and permanent injunction, has been dismissed.
2. Brief facts, as projected by the plaintiff / appellant, are that Manohar, son of Mangat Suryavanshi was owner of a piece of land bearing Khasra No. 259/3, are 0.50 acre (0.202 hectare), situated at Village Mangla, P. H. No. 21, R. I. Circle Bilaspur (henceforth 'the suit land'), which was subsequently purchased by Smt. Jotkunwar, widow of Nandram Satnami, resident of Sakri through a registered sale - deed dated 21-3-1975 and as such she became owner of the suit land and came into possession thereof. During her lifetime, she gifted the suit land to Smt. Yashoda Bai
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