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B. R. GAVAI, C. T. RAVIKUMAR
Shivali Enterprises – Appellant
Versus
Godawari (Deceased) Thr. Lrs – Respondent
JUDGMENT :
B.R. Gavai, J.
1. These appeals challenge the judgment dated 3rd March 2008 passed by the learned Single Judge of the High Court of Punjab and Haryana at Chandigarh in Regular Second Appeal Nos.1206 and 1207 of 2005, thereby allowing the appeals filed by the respondents-defendants challenging the concurrent judgments and decrees dated 3rd January 2001 passed by the Additional Civil Judge (Senior Division), Faridabad (hereinafter referred to as the “trial court”) in RBT 329/90/2000, and 8th February 2005 passed by the learned District Judge, Faridabad (hereinafter referred to as the “Appellate Court”) in Civil Appeal No. 11 of 2001. Vide the impugned judgment, the learned Single Judge of the High Court directed that, if the plaintiff desires to get the sale deed executed pursuant to the agreement(s) to sell, he would do so by paying the present prevalent market value as sale consideration. The appellant-plaintiff has also assailed the order dated 10th April 2008 passed by the learned Single Judge of the High Court, thereby dismissing the review applications being R.A. No. 19-C of 2008 in R.S.A. No. 1206 of 2005 and R.A. No. 18-C of 2008 in R.S.A. No. 1207 of 2005, filed by
Under section 100 CPC, after the 1976 amendment, it is essential for the High Court to formulate a substantial question of law and it is not permissible to reverse the judgment of the first appellate....
The importance of presenting timely and substantiated evidence to support claims, and the consequences of negligence and lack of diligence in pursuing legal remedies.
Sale - Validity - Defendants were not interested or they did not try to bring their case before court and lead evidence in support of their case to with respect to sale deed being sham, bogus or frau....
Second Appeal is competent only if it involves, at the stage of admission, substantial question of law.
The possession is a pure question of fact, and the findings of fact recorded by the lower courts cannot be interfered with unless they are based on no evidence or are perverse.
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