Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Second appeal Substantial question of Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908: s. 100 - Second appeal - Substantial question of Jaw - Suits for declaration and permanent injunction - Decreed by High Court reversing the finding of first appellate court - Held: Evidence on record has established that defendants were in lawful possession of suit land by virtue of sale deeds and plaintiff had not been able to establish that he was owner thereof and, consequently, entitled to declaration of his title, recovery of possession and injunction - Therefore, the first appellate court had decided the core issue against the plaintiff and no substantial question of law arose for decision in case by High Court u/s 100 -Judgment and decree of High Court set aside.The respondent in C.A No. 1276 sold some lands, which were further sold by the vendee to the contesting defendants/appellants. The respondent filed a suit against original vendee and his transferees, for declaration that he was the owner and in possession of the suit land. The trial court protected the possession of the contesting defendants till the partition was effected. The appeal of the respondent was dismissed. The respondent filed another suit for permanent injunction restraining the defendants from raising any construction on the suit land and alienating the same. The trial court dismissed the suit. The first appellate court dismissed the appeal of the plaintiff. The second appeals filed by the wife of the plaintiff were allowed by High Court. In the instant appeals filed by the contesting defendants, it was contended for the appellants that the first appellate court had concurred with the findings that the appellants had purchased the suit property and were in possession thereof and as there was no substantial question of law in the case, the High Court erred in reversing the concurrent findings of the courts below. |
Judge | Hon'ble Mr. Justice A.K. Patnaik |
Neutral Citation | 2013 INSC 95 |
Petitioner | Nasib Kaur And Ors. |
Respondent | Col Surat Singh (deceased) Through L.rs & Ors. |
SCR | [2013] 1 S.C.R. 984 |
Judgement Date | 2013-02-12 |
Case Number | 1276 |
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