I.S.MEHTA
Dina Nath Pandey – Appellant
Versus
Adya Pandey – Respondent
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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.