In the second appeal, the court dismissed the petitioners' appeal arising from a partition suit. The court held that since the property was recorded as joint possession in survey settlements, the appellants failed to disprove this, confirming it as Mangal's self-acquired property.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF AT BILASPUR
S.A. No. 5'^y /2oo6 SinflI&Bench
Appellants 1) Heera S/o. Late Mangal aged Defendants about 65 years, (Dead and his heirs)
1-A) Butai Ram S/o. late Heera, aged about 39 years, Caste Uraon
: 2)
:2-^)
:2^B)
Tulsi S/o. Late Mangal aged about 60 years (Dead and his heirs)
Rambhagat Ram, S/o. late Tulsi Ram aged about 45 years, Caste Uraon.
Rajkumar, S/o. late Tulsi Ram aged about 36 years, CasteUraon,
AA1 residents of Village Tatapani, Tahsil Pal District Surguja (C.G.).
VERSUS
Respondents :1)
Plaintiffs ^
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Sohrai S/o. Jhari aged about 45 years,
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:2) Sukhdeo S/o. Hari aged about ^' '"" • € 43 years. Both respondents 1 and 2 are Residents of Village Vishrampur, TahsU Garhwa, District Garhwa (Bihar). : 3) M.P. Governnient through ^" Collector Ainbikapur District Surguja (Now Chhattisgarh)
SECOND APPEAL UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE
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| Brief facts are that Jhari ai | sun/eysettiement in Sarguja StateJ The suit iand was recorded jointl State. Thereafter, the suit land Jhari and Mangal in Khasra Thereafter, some disputes arose g peace. The respondents/plaintiffs on the ground that the suit Mangal. The defendants/appellant the suit property is the self acquirej of oral as well as documentary Ramanujganj held that the suit Mangal and the decreed the suitfoi District Judge, Ramanujganj affirm< Civil Judge, Class-11, Ramanujganj w panch pro pr |
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V|in view of the fact that th
property as early as at the time o1
and continued to be recorded in
Khasra Panchsala of 1973-74 anq
suit property was joint property
burden was on the defendants/a((
was the self acquired property o
proper appreciation of oral as well
prove that the suit property wa^
which is afinding offact.
the conclusion that the defenda|je suit property was recorded as joint
the survey settlement in Sarguja State
oint possession of Jhari and Mangal in
1978-79, a presumption arose that the
|and in this view of the ,matter, heavy
>pellants to prove that the suit property
f Mangal.
Both the Courts beiow on a
as documentary evidence have cometo
|its/appellants have miserably failed to
the self acquired property of Manga!|
|Kvr|In this view of the matter,
finding
recorded
by both the
appreciation of oral as well as d|
question of law arises for detern|
Second Appeal isdismissed atth
In view of the above, M
standsdismissed. No order as td
i
e
(|am of the considered oplnion that the
Courts below
is
based
on
a proper
)cumentary evidence and no substantial
iination in this appeal.
As a result, this
costs.
stage ofadmission.
C).P. No. 1439/2006 for grant of stay
Sd/-
DilipRaosahebDeshmukh
Judge|
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P.T.O.
2 issues framed by the court
Whether the property was joint family property or self-acquired property of Mangal.
If the respondent failed to prove adverse possession, whether the upper instance to shift the burden of proof to appellants was justified.
1 provisions across 1 enactments
Heera S/o. Late Mangal
Butai Ram S/o. late Heera
Tulsi S/o. Late Mangal
Rambhagat Ram
Rajkumar
Sohrai S/o. Jhari
Dilip Raosaheb Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
