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RAJENDRA M. SAREEN
Narsinhbhai Naranbhai Gohel – Appellant
Versus
Suvasben Jayeshbhai Patel – Respondent
ORDER :
1. Present Second Appeal has been preferred by the appellants – original plaintiffs against the concurrent findings of the learned courts below arising out of the suit for declaration and permanent injunction.
2. Factual matrix of the case is as under:
2.1. As per the case of the plaintiffs, the suit land was received by sale under Tenancy Act by the plaintiffs and their deceased uncle. Out of total land, land admeasuring HRA 00896 was in the share of the appellants and other land held had admeasuring HRA 00903 was in the share of the appellants’ uncle deceased Bhathibhai Jivabhai Gohel. That the appellants’ father and deceased Bhathibhai Jivabhai Gohel were real brothers. That Bhathibhai Jivabhai Gohel expired childness on 30/5/1998 and his wife Chanchalben expired on 27/2/2003, and hence the plaintiffs are the legal heirs of both the deceased. That the disputed land was handed over to the plaintiffs and since then the possession of the disputed land has been with the plaintiffs, but however, the defendant has unauthorisedly and fradulelty executed registered sale deed on 21/2/1992 in her favour. That when the sale deed was executed, Special Civil Suit No.131 of 1991 was p
Concurrent findings of fact can only be interfered with if they are found to be perverse or based on no evidence. High Court's jurisdiction in Second Appeal is limited to substantial questions of law....
The importance of presenting timely and substantiated evidence to support claims, and the consequences of negligence and lack of diligence in pursuing legal remedies.
Second Appeal is competent only if it involves, at the stage of admission, substantial question of law.
The jurisdiction of the Civil Court is limited to substantial questions of law, and adverse possession must be proven with evidence to claim ownership of government land.
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....
The limited power of the High Court to interfere in second appeals where concurrent findings of fact have been recorded by the trial court and the first appellate court.
Jurisdiction of the Civil Court and limitation of the suit
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