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RAJENDRA M. SAREEN
Kiran Ramanlal Inamdar – Appellant
Versus
Gujarat Housing Board – Respondent
| Table of Content |
|---|
| 1. appellant challenges prior judgments. (Para 1 , 2) |
| 2. arguments regarding evidence and legal standards. (Para 4 , 5) |
| 3. court's rationale on findings and limitations. (Para 6) |
ORDER :
1. By way of this second appeal, the appellant – original plaintiff has challenged the judgement and decree dated 28/2/2023 passed by the 3rd Additional District Judge, Surat in Regular Civil Appeal No.29 of 2021 upholding the judgement and decree dated 21/7/2020 passed in Regular Civil Suit No.444 of 2009 inter-alia dismissing the suit filed by the appellant.
2. Factual aspect of the case are as under :-
2.1. That the appellant – plaintiff was appointed as a Junior Clerk in Gujarat Housing Board, Surat and he was allotted residential premises being House No.1981, Keshavkunj 24, M.I.G. Staff Quarters, situated at Sachin, Surat by the Gujarat Housing Board, Surat vide allotment order dated 3/12/1992.
2.2. The appellant – original plaintiff preferred a suit being Regular Civil Suit No.444 of 2009 against the respondents– original defendants inter-alia seeking declaration inasmuch as transfer of ownership rights with respect to the suit premises in favour of the appellant from the respond
Second Appeal – Substantial question of law -condition precedent for entertaining and deciding a Second Appeal being existence of a substantial question of law, whenever a question is framed by the H....
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.
The importance of presenting timely and substantiated evidence to support claims, and the consequences of negligence and lack of diligence in pursuing legal remedies.
The right to withdraw a suit at the appellate stage is not absolute; it depends on the crystallized rights established by the court's earlier judgments.
A second appeal under the Code of Civil Procedure is restricted to substantial questions of law. Appellate courts cannot reappreciate evidence or substitute factual findings unless the lower court's ....
GPA and similar documents do not confer title to immovable property; legal heirs of the original allottee are entitled to possession.
Second Appeal is competent only if it involves, at the stage of admission, substantial question of law.
The main legal point established in the judgment is the requirement for a substantial question of law to be involved in a Second Appeal under Section 100 of the Civil Procedure Code, emphasizing the ....
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