KSHITISH CHANDRA BOSE versus COMMISSIONER OF RANCHI

KSHITISH CHANDRA BOSE versus COMMISSIONER OF RANCHI

The High Court exceeded its jurisdiction under section 100 Civil Procedure Code by interfering with and reversing concurrent findings of fact on the issues of title and adverse possession; thus, its first judgment remanding the case and all subsequent proceedings are void ab initio. The plaintiff is entitled to...

Source-derived case information.

Parties
Appellant: Kshitish Chandra Bose; Respondent: Commissioner of Ranchi
Jurisdiction
India
Judgment Date
06 February 1981
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Patna High Court Dated 30 9 1970 in Appeal From Appellate Decree No. 733 of 1967
Outcome
Appeal allowed
Legal Topics
Adverse Possession, Title by Prescription, Scope of Second Appeal Under Civil Procedure Code
Civil Law Property Law Adverse Possession Title by Prescription Scope of Second Appeal Under Civil Procedure Code

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Kshitish Chandra Bose

Appellant

Commissioner of Ranchi

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Patna High Court Dated 30 9 1970 in Appeal From Appellate Decree No. 733 of 1967

Legal Issues

  1. 1 Whether the High Court erred in interfering with concurrent findings of fact regarding adverse possession and title under section 100 Civil Procedure Code
  2. 2 Whether plaintiff acquired title by adverse possession or by virtue of settlement (Hukumnama)

Ratio Decidendi

The High Court exceeded its jurisdiction under section 100 Civil Procedure Code by interfering with and reversing concurrent findings of fact on the issues of title and adverse possession; thus, its first judgment remanding the case and all subsequent proceedings are void ab initio. The plaintiff is entitled to decree on both title and adverse possession.

Court Disposition

Appeal allowed

Orders

  • Judgment of the High Court under appeal set aside
  • Judgment of the High Court dated 17th February, 1967 set aside