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2016 Supreme(SC) 121
SUPREME COURT OF INDIA
ANIL R. DAVE, ADARSH KUMAR GOEL, JJ.
Mohdinsa Nabisa Gurikar (D) By LRs. – Appellant
Vs.
Imamsa Chandas Gurikar (D) By LRs. & Ors. – Respondents
Civil Appeal No. 67 of 2016 (arising out of S.L.P.(Civil) No.2562 of 2005)
Decided on : 04-01-2016
Clarity and explicit findings on crucial questions are essential for a just decision.
Headnote:
Finding - Clear Finding on Land Ownership and Partition
Fact of the Case:
The court noted that no clear finding was recorded on the question of land ownership and earlier partition.
Finding of the Court:
The court set aside the impugned order and remanded the matter to the High Court for a fresh decision.
Issues: Unclear finding on land ownership and earlier partition
Ratio Decidendi: The lack of a clear finding on crucial questions necessitated the remand of the matter for a fresh decision.
Final Decision: The appeal was disposed of as allowed, with no order as to costs.
JUDGMENT :
Adarsh Kumar Goel, J.
1. Leave granted.
2. Heard the learned counsel.
3. It is pointed out that inspite of framing two questions in paragraph 11 of the judgment, no clear finding has been recorded on the question whether the land was re-granted in favour of the defendants for the benefit of the families of both appellants and defendants or only for defendants and whether there was earlier partition in the presence of village elders.
4. Accordingly, without expressing any view on merits, we set aside the impugned order and remand the matter to the High Court for a fresh decision in accordance with law.
5. Parties are directed to appear before the High Court on 1st February, 2016.
6. In view of the above observation, the appeal is disposed of as allowed. There shall be no order as to costs.
