| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Civil Procedure Suit dismissed by trial Court Second Appeal |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Civil Procedure – Appeal – Second Appeal – Suit filed for declaration, injunction and possession alleging encroachment on land by the defendants – Suit dismissed by trial Court – Decree affirmed by first appellate court – Second appeal by plaintiff – On direction of High Court, a surveyor/ Court Commissioner was appointed to measure the suit property; and on conclusion of the survey exercise, the first appellate court was ordered by the High Court to certify the findings on encroachment as recorded by the trial court, in terms of Rule 470 of the Civil Manual – First Appellate Court reversed the findings of trial court and held that, as per the map prepared by the Court Commissioner, the defendants had committed encroachment – In view of such development, the High Court framed a substantial question of law for decision in the Second Appeal – Plaintiff ’s second appeal was however dismissed – Held: While concurrent findings of Courts below are not to be routinely interfered, on facts, there was a second round in the litigation and another substantial question of law was formulated by the High Court for adjudication of the second appeal – However, no specific finding on such question of law was ever recorded in the impugned judgment – The High Court skirted the issue and instead endorsed the findings of the courts below to the effect that the defendants had not made any encroachment – The High Court erred in not recording a finding on the question of law formulated later, to account for the Court Surveyor’s report, vis-à-vis the legal battle over the suit land – Without the decision on the relevant aspect which goes to the root of the dispute, the impugned judgment fails the scrutiny of law – Matter remanded back to the High Court to consider and render a finding on the substantial question of law framed by the High Court itself. |
| Judge | Hon'ble Mr. Justice Hrishikesh Roy |
| Neutral Citation | 2021 INSC 518 |
| Petitioner | Matadin Surajmal Rajoria (deceased) Through Sole Legatee Lalita Satyanarayan Khandelawal |
| Respondent | Ramdwar Mahavir Pande (dead) Thr. Lrs. & Ors. |
| SCR | [2021] 6 S.C.R. 232 |
| Judgement Date | 2021-09-21 |
| Case Number | 5847 |
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