Santram Janak Dewangan v. Shivprasad Garibram Dewangan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 Supreme(Online)(Chh) 193

IN THE HIGH COURT OF CHHATTISGARH
SANJAY K. AGRAWAL, J
Santram Janak Dewangan v. Shivprasad Garibram Dewangan

Table of Content
1. summary of appeal proceedings and initial suit details. (Para 1 , 2 , 3 , 4)
2. contentions regarding adverse possession raised by the defendant. (Para 5 , 6)
3. legal clarification on adverse possession in the context of agreements. (Para 7 , 8 , 9 , 10)
4. final ruling and outcome of the appeal. (Para 11 , 12)

1. This is defendant's Second Appeal under S.100 of the Code of Civil Procedure (for short 'the CPC') against the judgment and decree dated 16.12.2015 passed by 1st Additional District Judge, Janjgir - Champa in Civil Appeal No. 55 - A / 2015, reversing the judgment and decree dated 03.02.2011 passed by 1st Civil Judge, Class II, Nawagarh, Distt. Janjgir - Champa in Civil Suit No. 16 - A / 2009, decreeing the suit.
[For sake of convenience, the parties would be referred hereinafter as per their status before the trial Court].

2. The plaintiff filed suit for recovery of possession stating inter alia that he is the owner of the suit land but pursuant to the agreement to sell dated 16.07.1997 he has delivered the possession to the defendant but defendant has not taken any steps to get the sale deed registered within the period stipulated for registration of the

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