NDLI: Avtar Singh & Ors. Vs. Bimla Devi & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Punjab Courts Act Code of Civil Procedure 1908 1918
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Civil Procedure, 1908 – s.100 – Punjab Courts Act, 1918 – Suit filed by respondents / plaintiffs alleging that defendant Nos. 2 to 4 broke the lintel portion of the roof (of the first floor of the building) illegally with intention to take forcible possession of the plaintiffs’ house constructed on the first floor; and further secretly constructed a staircase – Trial court and first appellate court after considering the evidence on record – including the report of a local commissioner who had visited the site – dismissed the suit – Second appeal – High Court, framed substantial question of law, as required by s.100 CPC and answered it in favour of the plaintiffs, consequently resulting in decree of the suit – Justification of – Held: Not justified – The Local Commissioner ’s report corroborated the respondents/ plaintiffs’ case that a staircase did not exist, or rather that it was in the stage of construction and was not completed – The report also bore out the plaintiffs’ allegation that holes had been made in the lintel of the roof – Furthermore, the dimensions of the chaubara, as found by the Local Commissioner, differed from what was stated by the second defendant – The lower courts ignored the evidence – in the form of the Local Commissioner’s report – with regard to the issue of possession of the chaubara – The Local Commissioner was neither cross-examined, nor was his report objected to – Mere findings of fact cannot be interfered with in exercise of second appellate jurisdiction given the three limbs of jurisdiction available u/s.41 of the Punjab Courts Act – Findings of fact which are unreasonable, or which are rendered by overlooking the record, therefore, per se do not appear to fall within the scope of second appellate review by the High Court – On facts, High Court’s findings – which are based entirely on re-appreciation of the record – and consequent interference with the concurrent findings of the lower courts, cannot be upheld.
Judge	Hon'ble Mr. Justice S. Ravindra Bhat
Neutral Citation	2021 INSC 569
Petitioner	Avtar Singh & Ors.
Respondent	Bimla Devi & Ors.
SCR	[2021] 6 S.C.R. 239
Judgement Date	2021-09-29
Case Number	6096

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Avtar Singh & Ors. Vs. Bimla Devi & Ors.

Please Log-in to view this content

Smt. Sudha Devi Vs. M.p. Narayanan & Ors.

Ashan Devi and Anr Vs. Phul Wasi Devi and Ors

Parsion Devi and Ors. Vs. Sumitri Devi and Ors.

Avtar Singh & Ors. Vs. Jagjit Singh & Anr.

Ram Chandra Singh Vs. Savitri Devi and Ors.

Mangluram Dewangan Vs. Surendra Singh and Ors.

J. Balaji Singh Vs. Diwakar Cole & Ors.

Sarvinder Singh Vs. Dalip Singh and Ors.

Jitendra Singh Vs. Bhanu Kumar & Ors.

Avtar Singh & Ors. Vs. Bimla Devi & Ors.

Avtar Singh & Ors. Vs. Bimla Devi & Ors.

Please Log-in to view this content

Similar Documents

Smt. Sudha Devi Vs. M.p. Narayanan & Ors.

Ashan Devi and Anr Vs. Phul Wasi Devi and Ors

Parsion Devi and Ors. Vs. Sumitri Devi and Ors.

Avtar Singh & Ors. Vs. Jagjit Singh & Anr.

Ram Chandra Singh Vs. Savitri Devi and Ors.

Mangluram Dewangan Vs. Surendra Singh and Ors.

J. Balaji Singh Vs. Diwakar Cole & Ors.

Sarvinder Singh Vs. Dalip Singh and Ors.

Jitendra Singh Vs. Bhanu Kumar & Ors.

Avtar Singh & Ors. Vs. Bimla Devi & Ors.