Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Punjab Courts Act 1918 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Punjab Courts Act, 1918: s. 41 – Second Appeals – Jurisdiction of the High Court under – Held: Second appeal is not a forum where the court is to re-examine or re-appreciate the question of fact settled by the trial court or the appellate court – Though in view of s. 41, it is not necessary to frame a substantial question of law, the jurisdiction of the High Court under second appeal cannot be exercised for re-appreciation of evidence – Jurisdiction u/s. 41 would be available only when there is a substantial error or defect in the procedure provided by the CPC or by any other law for the time being in force – On facts, agreement to sell land between the parties, for Rs. 1,65,000/- out of which Rs. 1,50,000/- duly received by the respondents and the remaining was to be paid at the time of execution of sale deed – Possession delivered to the appellant – Respondents were required to obtain Income Tax Clearance Certificate and to also get the revenue records mutated in the name of the appellant, however, the appellants came to know that the respondents were trying to create third party rights – Appellant then filed a suit for specific performance, which was decreed in favor of the appellant by the trial court and the appellate court, however, set aside by the High Court in second appeal – On facts, trial court as well as the appellate court had specifically found on the basis of the evidence that, though as per the terms and conditions of the agreement to sell, the sale deed was to be executed only after the respondents obtained the ITC Certificate and got the revenue records corrected, the appellant was compelled to file the suit since the respondents were trying to alienate the suit property – Concurrent findings of the trial court and the appellate court that the appellant was justified in filing the suit could not have been faulted with – Judgment of the High Court quashed and set aside. |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2022 INSC 952 |
Petitioner | M/s. Shivali Enterprises |
Respondent | Smt. Godawari (deceased) Thr. Lrs. And Others |
SCR | [2022] 11 S.C.R. 273 |
Judgement Date | 2022-09-13 |
Case Number | 8904 |
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