Manglu Mool Singh and Others v. Kunjlal and Another

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 Supreme(Online)(Chh) 78

CHATTISGARH HIGH COURT
A, J
Manglu Mool Singh and Others v. Kunjlal and Another

Table of Content
1. case established around ownership claims. (Para 1 , 2 , 3)
2. trial court's dismissal of suit due to lack of evidence. (Para 4 , 5)
3. issues concerning possession and adverse claims. (Para 6 , 8 , 11)
4. discussion on legal doctrines affecting title claims. (Para 9 , 10 , 12 , 13 , 14)
5. final ruling overturning the appeal decision. (Para 15 , 16 , 17)

1. This is defendant's Second Appeal filed under S.100 of CPC against the judgment and decree dated 30.09,1999 passed by the 8 I Additional District Judge, Bilaspur, in Civil Appeal No. 62 - A / 99 reversing the judgment and decree dated 07.02.1996 passed by the Civil Judge, Class II, Katghora, in Civil Suit No. 45 - A / 92.

2. Brief facts necessary for disposal of this appeal are that: plaintiff Kunjlal filed a suit for declaration of his title and mandatory injunction restraining the defendant Nos. 1 to 9 from interfering with his possession. It was case of the plaintiff that he purchased the suit land bearing Khasra Nos. 705/3,706/3, 708/1, 706/2, 708/2 and 706, total area 6.42 Acres, situated in Village Malda, Distt. Bilaspur, from Maharaja Singh, the grand - father of defendant Nos. 1 to 6 late Gangadhar Singh i.e