BECHAN PANDEY & ORS. versus DULHIN JANKI DEVI & OTHERS

BECHAN PANDEY & ORS. versus DULHIN JANKI DEVI & OTHERS

Appellants failed to prove the identity of the land in dispute with the land purchased by Maina Kuer in auction sale as per the sale certificate dated 26-2-1935. Written statements denied this identity, and appellants failed to discharge the onus. Prayer for remand was rejected due to want of a valid basis and need to avoid further protracted litigation.

Parties
Appellants: Bechan Pandey & Ors.; Respondents: Dulhin Janki Devi & Others
Jurisdiction
India
Judgment Date
09 March 1976
Procedural Posture
Civil Appeal / Appeal Before Supreme Court From Judgment and Decree of Patna High Court
Outcome
Appeal dismissed without costs.
Legal Topics
Title Dispute, Limitation, Waiver and Acquiescence, Remand, Mesne Profits
Property Law Civil Procedure Title Dispute Limitation Waiver and Acquiescence Remand Mesne Profits

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Parties

Bechan Pandey & Ors.

Appellants

Dulhin Janki Devi & Others

Respondents

Procedural Posture

Civil Appeal / Appeal Before Supreme Court From Judgment and Decree of Patna High Court

Legal Issues

  1. 1 Whether the appellants established that the land in dispute was the same as purchased by Maina Kuer in auction sale
  2. 2 Whether appellants are entitled to a remand for determination of land identity
  3. 3 Whether the suit for possession is barred by limitation

Ratio Decidendi

Appellants failed to prove the identity of the land in dispute with the land purchased by Maina Kuer in auction sale as per the sale certificate dated 26-2-1935. Written statements denied this identity, and appellants failed to discharge the onus. Prayer for remand was rejected due to want of a valid basis and need to avoid further protracted litigation.

Court Disposition

Appeal dismissed without costs.

Orders

  • Appeal dismissed.
  • No order as to costs.