M/S. GOYAL MATERIAL SUPPLIERS vs PRAHLAD DEWANGAN — FA/74/2024

Hon'ble The Chief Justice,Hon'ble Shri Justice Ravindra Kumar AgrawalView PDF

Summary: The High Court of Chhattisgarh dismissed both appeals filed by Goyal Material Suppliers against the trial court's judgment that had rejected their suit for vacant possession of 4 dismil of land and partly allowed the defendant's counter-claim for permanent injunction over the same land. The court held that since the defendant specifically denied the plaintiff's title over the disputed 15 dismil of land (4 dismil of which contained his house) and claimed his own title, the plaintiff's title was "in cloud" and required filing a separate suit for declaration of title first; without establishing title, the court could not grant possession. Additionally, the court rejected the plaintiff's application to introduce the original sale deed at the appellate stage, finding it amounted to negligence in not producing it during trial, and upheld the trial court's finding that the defendant remained in continuous possession of the 4 dismil plot since the 1994 sale deed execution. This case analysis is maintained by casestatus.in based on publicly available court records.

Motion Hearing Matters

Hon'ble The Chief Justice , Hon'ble Shri Justice Ravindra Kumar Agrawal

Hon'ble The Chief Justice,Hon'ble Shri Justice Ravindra Kumar AgrawalView PDF

Hon'ble Shri Justice Goutam Bhaduri,Hon'ble Shri Justice Radhakishan AgrawalView PDF

First hearing

Initial hearing scheduled

Case filed

Registration No. FA/74/2024