Madhya Pradesh High Court
Tej Kumar vs Ramesh Chandra & Ors on 30 March, 2015
SA-1100-2004
(TEJ KUMAR Vs RAMESH CHANDRA & ORS)
30-03-2015
Shri J.P.Agrawal, Advocate for appellant.
Heard on question of admission.
This appeal is admitted for final hearing on the following
substantial questions of law:-
â1.Whether the Courts below
committed error to decline the objection
of limitation raised by the defendant,
which was not filed within the period of
twelve years seeking relief of declaration
& possession, however, the findings as
recorded in this regard can be sustained
in law?
2. Whether the defendants are stopped
from challenging title & possession of
the appellant when their ancestors
knowingly in writing made an application
for mutation of the name of appellant on
disputed plot vide Ex.P/9, thus the
respondents also estopped from
challenging the same as they are also stepped on the suit of his ancestors?
3. Whether the Courts below committed error to grant the relief in the nature of partition without having any counter claim, however, the judgment & decree as passed by the Courts below can be sustained in law?
4.Whether the Courts below committed error to not to record the finding of perfection of the title by the defendant by virtue of adverse possession in view of the provisions as contained under Article 65 of Limitation Act?â Issue notice for final hearing of the appeal to the respondents on payment of process fee within one week by ordinary mode as well as by registered post.
Notice be made returnable within six weeks.
Meanwhile, the stay granted earlier shall remain in operation till next date of hearing.
Certified copy as per rules.
(J.K. MAHESHWARI) JUDGE