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CHHATTISGARH HIGH COURT
R. C. SHARMA, J
Gulam Mohammed v. Shailesh Kumar Patel
| Table of Content |
|---|
| 1. defendant's claim and plaintiff's response over land designation and ownership. (Para 1 , 2 , 3) |
| 2. trial court's dismissal based on ownership and possession findings. (Para 4 , 5) |
| 3. both parties discuss claims based on registered agreements versus sale deeds. (Para 6 , 7) |
| 4. court's observations on evidence and statutory provisions governing possession. (Para 8 , 9 , 10) |
| 5. application of part performance doctrine under transfer of property act. (Para 12 , 14 , 15 , 16) |
| 6. importance of maintaining boundary marks as per land revenue code. (Para 20 , 21) |
| 7. final direction concerning preservation of water bodies and state involvement. (Para 24 , 25 , 27) |
1. Heard
As per the pleading of the plaintiff, the plaintiff is in possession of lands bearing Kh.No.161 admeasuring 18.10 acres and Kh.No.167 admeasuring 1.88 acres which is a pond known as Raja Talab, which is completely a Nistari Pond. According to plaintiff, he acquired the said lands by sale agreement executed by original owners Brij Bhushanlal, Chandravanshi Lal and Harivanshi Lal Agrawal. Thereafter, the plaintiff was doing his business of fish - culture. It is alleged by the plaintiff that the defendant in collu
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