Court : Patna
..... been that high court would not interfere in revision where other remedies are open to the parties, the party has a proper; specific remedy by virtue of section 6(4) of the act to institute a regular suit for declaration of title and for possession but in extreme cases where grave injustice has been done or where the trial is no trial at all or where the decision is vitiated by an error of law apparent on the face of the record or where the ..... the plaintiffs have, admittedly, not purchased the said land as the said land was, admittedly, not mentioned in their sale deed whereas the defendants had purchased the said land and had title to it and in the end that the trial court erred in directing removal of thatched hut which, by now, had been made into a pucca house as in terms of section 6 of the act, the only decree that could be passed ..... to my mind, it is for these reasons that section 6(4) of the act provides that an order/judgment under section 6 of the act would not disentitle a person from filing a separate suit and proving his title and then claiming possession but that does not mean that he can exercise his right to get possession in a manner not sanctioned by law.12. ..... on the other hand, shri sidheshwar prasad singh appearing for the plaintiffs-opposite parties has submitted that in terms of section 6 of the act, the question of right, title or interest in the property in dispute is foreign to the scope of the said provisions. .....
Tag this Judgment!Court : Guwahati
..... rival cases and after elaborate consideration of the oral and documentary evidence on record took the view that the plaintiffs case stood proved and, therefore, the plaintiff was entitled to a decree of declaration of her right, title and interest over the suit land; for confirmation of possession and for permanent injunction along with the costs of the suit ..... . talukdar, learned counsel for the respondent-plaintiff, that what was declared by the courts below is the possessory title of the plaintiff, sri deka has contended that possession of the parties was not an issue in the suit and no specific issue on the aforesaid score was framed in course of the trial ..... . lawful possession of immovable property in a situation where ownership in an absolute term is yet to be established confers good title on the possessor as against the whole world except the true legal owner of such property ..... at the time of admission of this appeal, the following substantial question of law was framed by this court:whether the plaintiffs husband had acquired any right, title over the land by virtue of unregistered deed of sale concerning immovable property worth more than rs. ..... further on due consideration of the questions involved in the appeal, the court is of the view that the following question of law should be framed as an additional question, requiring the court's determination -whether the plaintiffs possessory right, title can be interfered with by the defendant merely on the basis of the sale deed ext. .....
Tag this Judgment!Court : Patna
..... failed to prove his induction on the suit land by jubaida, his status as a tenant of the suit land would be under abdul ajij and siddiquee because he himself could not prove his title over the suit land nor his induction on the same by any other person other than jubaida. ..... no plea could be raised before this court or before the 1st appellate court regarding non-title of the plaintiffs on the basis of the earlier plaint filed in the year 1967 in which settlement was claimed on the ..... the defendant was sought alternatively on the ground that the plaintiffs had their title over the suit land and the defendant was not entitled to continue in its ..... the defendant appellant raised the plea in the appellate court that title of the plaintiff was not valid in so far as the settlement was not made by registered document and there was an admission by the defendant in the suit under appeal that abdul ajij ..... established that the plaintiffs of the suit had title over the suit land and the defendant had failed to prove his title except his status on the suit land as tenant ..... the respondents against which the sole defendant filed the first appeal and he is appellant before this court.2.the relevant, facts for decision of this appeal are that the aforementioned title suit was filed by one abdul ajij and his brother md. ..... this is so, because the defendant claimed to derive his title over the suit land by virtue of sale from jubaida, the so-called daughter of siddiquee, who was allegedly gifted with the suit .....
Tag this Judgment!Court : Guwahati
..... 12(h)79) for declaration almost reiterating what was stated in the written statement filed by respondents i to 4 and sought declaration that 6th respondent (late bhagirath bora) had no absolute saleable right, title and interest over the property even though the allotment was given in his name and also for other reliefs. ..... 1 to 5.the appellant instituted the suit for a declaration of his right, title and interest in respect of the suit property, recovery of possession and also for recovery of mesne profit etc ..... tn the written statement respondents 1 to 4 disputed the claim of the appellant that late bhagirath bora had absolute title and ownership or even possession of the property. ..... therefore, it cannot be said that late bora alone had the right, title and interest over the property. ..... taken together will surely indicate that late bora was not mentally sound at the time of execution of the safe deed and therefore, the sale deed executed by him did not confer any right, title and interest on the appellant.16. ..... 6 was not mentally sound and whether execution of the sale deed conferred right, title and interest to the appellant. ..... 6 was the sole owner of the suit property and had saleable right, title over the property. ..... in the said title suit respondents 1 to 4 took the similar plea and sought a declaration ..... , all his heirs are on record and his estate is well represented --title suit no. ..... two appeals arise out of a common judgment passed by the learned district judge, shillong in title suit no. .....
Tag this Judgment!Court : Patna
..... the appellate court in paragraph 28 of the judgment has correctly held that there is no strong presumption of correctness of title was that of survey entry but all the same they are evidence of facts mentioned therein in according to section 10 of the municipal survey act and, therefore, its evidencing value has to be considered along with ..... 149 to 152 are not mentioned in the sale deeds which are documents of title, but the appellate court has found that, the aforesaid plots were transferred. ..... there is contest between the parties regarding title and possession and the appellate court having found the title of the plaintiffs over the suitland has mentioned the maxim that possession follows the title but he has not relied upon the said maxim only to decide the question of ..... advanced on behalf of the appellant is that the question of possession has been erroneously decided, the plaintiffs have filed the suit for possession on the basis of title and as such the suit is covered by article 65 of the limitation act. ..... the pnlaintiffs-respondents had filed the suit for declaration of title and confirmation of possession and in the alternative for recovery of possession with regard to the lands detailed in schdeules a and b of ..... appellate court reversed the judgment and decree of the trial court and held that the plaintiffs have title and possession over the lands mentioned in schedule a and b and the defendants 1st andilnd set have failed to prove title and possession over the lands. 9. .....
Tag this Judgment!Court : Guwahati
..... without partition the defendant alone would not be competent to sell the suit land to the plaintiff even though her name alone appeared in the record of rights, and consequently the plaintiff acquired no right and title over the suit land by purchase; that the defendant, and not the plaintiff, having been in possession of the suit land the trial court erred in decreeing recovery of possession which the plaintiff did not ..... under section 34 of the act any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the court may in us discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief: provided that no court shall make ..... questions to be decided, therefore, are whether the suit land was inherited jointly by the defendant and her daughter; whether the defendant was competent to sell her share; whether the plaintiff acquired right and title by purchase; whether the plaintiff was in possession and whether the suit was hit by section 34 of the specific relief act. 9. ..... the plaintiff claimed his right over the suit land against the defendant who was denying or interested to deny his title and, therefore, the plaintiff sued for declaration of his title and the court may in its discretion make therein a declaration that the plaintiff is so entitled. .....
Tag this Judgment!Court : Guwahati
..... the point of limitation, as raised by tine respondent in the present suit, we are of the prima-facie view, that the earlier suit was not time barred as the said suit was for declaration of right, title and interest and recovery of khas possession by evicting the present respondent and others and not the suit for declaration that the order passed in 145 crpc proceeding was illegal and void. ..... 494/96 was filed by the appellants as plaintiffs against the respondent as defendant, before the then sadar munsiff, guwahati praying for declaration of right title and interest in respect of the schedule 'a' and 'b' property and also for recovery of khas possession by evicting the present respondent and others from the said ..... senior counsel has further submitted that the balance of convenience is also in favour of the appellants as they got the decree declaring right, title and interest as well as recovery of khas possession against the respondent in the earlier suit. ..... the present respondent as one of the defendants praying for a decree for declaration of right, title and interest and recovery of possession by evicting him from the suit land. ..... 494/96 being a suit for declaration of right, title and interest as well as for recovery of khas possession and not the suit for declaration that the order passed in section 145 crpc is null and void, the period of limitation for filing such suit ..... application under section 24, read with section 151 cpc was filed for transfer of the title execution case no. .....
Tag this Judgment!Court : Patna
..... i am thus of the view on the authority of the supreme court that in view of the case of the defendants first set of title to the lands in question on the basis of oral settlement accompanied with delivery of possession way back in 1921, the plea of adverse possession is not available to them in the facts and circumstances of the ..... into possession under the agreement, he must disclaim his right thereunder and plead and prove assertion of his independent hostile adverse possession to the knowledge of the transferor or his successor in title or interest and that the latter had acquiesced to his illegal possession during the entire period of 12 years, i.e. ..... learned trial court, therefore, dismissed the suit and declared the right, title and possession of the defendants first set with respect to the suit property ..... that the plaintiff has not been able to establish his case for declaration of title and recovery of possession against defendant first set. ..... upto completing the period of his title by prescription nec vi nec clam ..... it arises out of a suit for declaration of title of the plaintiff and defendant 2nd set (respondent herein), and for confirmation of their possession over the suit land bearing ..... is a hostile possession by clearly asserting hostile title in denial of the title of true owner. ..... court of appeal below has in substance held that the plaintiff has been able- to prove his case as set out in the plaint and, therefore, granted declaration of title and recovery of possession. .....
Tag this Judgment!Court : Patna
..... parcha and rabi parcha were also issued by the circle officer, ranchi anchal of the irrigation department to the plaintiffs, thus the plaintiffs' case is that they have acquired valid title to the suit properties by remaining in exclusive possession of the same since 1949 to the full knowledge of all concerned including the defendant and his predecessor-in-interest. ..... as claimed by them, the right of the plaintiffs can not be taken away by the bar under section 35 of the bihar land reforms act, 1950 for coming to the civil court for declaration of their title, interest and possession over the suit property on the basis of judicial pronouncement made earlier and possession confirmed by way of judicial execution process. ..... of schedule-a lands and the continuation of the criminal proceedings in respect of schedule-b lands, the plaintiffs have no other alternative but to file this suit for declaration of their right, title and interest over the suit properties and for confirmation of possession and in the alternative khas possession. ..... thus, when the plaintiff's suit, as stated elaborately while stating the pleadings of the parties, is based on title on the basis of previous judgments of the civil court, the suit can not be said to be barred either unde section 35 of the bihar land reforms act, 1950 or under section 258 of the ..... in the plaint, it has been stated that the plaintiffs have got right, title and interest over fee suit lands on the basis of previous decree obtained and the .....
Tag this Judgment!Court : Guwahati
..... rival cases and after elaborate consideration of the oral and documentary evidence on record took the view that the plaintiff's case stood proved and, therefore, the plaintiff was entitled to a decree of declaration of her right, title and interest over the suit land ; for confirmation of possession and for permanent injunction along with the costs of the suit ..... . talukdar, learned counsel for the respondent-plaintiff that what was declared by the courts below is the possessory title of the plaintiff, sri deka has contended that possession of the parties was not an issue in the suit and no specific issue on the aforesaid score was framed in course of the trial ..... . deka, learned senior counsel appearing for the appellant has vehemently contended that the basis on which the plaintiff claimed title is the purported sale deed (ext.1) executed by joginder singh re-conveying the property to the husband of the plaintiff ..... . lawful possession of immovable property in a situation where ownership in an absolute term is yet to be established confers good title on the possessor as against the whole world except the true legal owner of such property ..... at the time of admission of this appeal, the following substantial question of law was framed by this court:whether the plaintiff's husband had acquired any right, title over the land by virtue of unregistered deed of sale concerning immovable property worth more than rs. .....
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