SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2017 Supreme(Del) 1361

I.S.MEHTA
Dina Nath Pandey – Appellant
Versus
Adya Pandey – Respondent


Advocates Appeared:
For the Appellants : Mr. V.P. Yadav, Mr. Dinesh Kumar
For the Respondent: Mr. Murari Tiwari, Mr. Rahul Kumar

JUDGMENT :

I.S. Mehta, J.

1. The instant Regular Second Appeal is filed under Section 100 of the Code of Civil Procedure, 1908 against the judgment and decree dated 20.04.2015 passed by the learned Additional District Judge, East, Karkardooma Courts, Delhi in Regular Civil Appeal No. 58 of 2012, wherein the learned ADJ by setting aside the trial Courts order dated 22.03.2012 in suit No. 222/07 allowed the said appeal, directing the appellants/defendants to handover the possession of the suit property to the respondent/plaintiff.

2. Aggrieved by the said order, the Appellant preferred the present regular second appeal on the following grounds:-

a. That there is a substantial ground of law involved in the present appeal which requires the indulgence of this Court.

b. That the learned First Appellate Court failed to consider that there is not a single document on record to show that the respondent/plaintiff was in the possession of the suit property.

c. That as per Section 101 of the Indian Evidence Act, 1872 the onus of proving the ownership of 100 sq. yards of the suit property and its right and entitlement rests with the respondent/plaintiff.

d. That the impugned order was passed without















































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top