Search Results Page
Search Results
1 - 10 of 13 (0.28 seconds)Section 80 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Civil Procedure, 1908
Laxman Sahni And Ors. vs State Of Bihar And Ors. on 17 March, 1989
"6. The next thing is whether the nature of
land being as aforesaid does thelaw permit change? In
my view, State andits officials are still harbouring a
misconception that once a land is recorded as Gair
Mazarua Aam or such land, no settlement can be made
by anyone at any point of time. The sooner this wrong
impression is erased, the better it is because on this
spacious plea, lot of damage is being done. It is well
settled judicially that such lands can be settled. That
being so, it cannot be said that as the lands were
recorded as Gair Mazarua Aam, Gair Mazarua Khas or
Qaisar-e-Hind, the settlements in respect thereof and
the Jamabandi in respect thereof becomes suspect, or
becomes illegal. There cannot be any such
presumption or assumption. Those assumptions and
presumptions are clearly misplaced. I can "here
Patna High Court SA No.122 of 2002 dt.14-12-2023
34/40
usefully refer to the judgment of this Court in the case
of Chandeshwari Prasad Narain Deo v. State of
Bihar since reported in 1956 BUR 24 as also to the
case of Laxman Sahai v. State of Bihar since reported
in 1990 (1) BLJ 457.
Section 63 in The Indian Evidence Act, 1872 [Entire Act]
The Indian Evidence Act, 1872
Brahma Nand Puri vs Neki Puri on 24 November, 1964
"31. It is a settled position of law that in a
suit for declaration of title and possession, the onus is
Patna High Court SA No.122 of 2002 dt.14-12-2023
29/40
upon the plaintiff to prove his title. Further, not only is
the onus on the plaintiff, he must prove his title
independently, and a decree in his favour cannot be
awarded for the only reason that the defendant has not
been able to prove his title, as held by this Court
in Brahma Nand Puri v. Neki Puri [Brahma Nand
Puri v. Neki Puri, AIR 1965 SC 1506] as under: (AIR
p. 1508, para 8)
"8. ... The plaintiff's suit being one for
ejectment he has to succeed or fail on the title that he
establishes and if he cannot succeed on the strength of
his title his suit must fail notwithstanding that the
defendant in possession has no title to the property...."