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SANDEEP N. BHATT
Patni Babubjhai Motibhai – Appellant
Versus
L/H of Patni Ramanlal Valjibhai – Respondent
ORDER :
1. This Second Appeal is filed under Section 100 of the Code of Civil Procedure, 1908 (‘CPC’ for short) being aggrieved and dissatisfied with the judgment and order dated 29.9.2019 passed by the learned 3rd (adhoc) Additional District Judge, Patan in Regular Civil Appeal No.52 of 2007 as well as the judgment, order and decree dated 29.9.2007 passed by the learned 3rd Additional Civil Judge, Patan in Regular Civil Suit No.125 of 1997 raising the following substantial questions of law:
2. Whether the both the lower courts have committed substantial error of law in holding that the suit of the plaintiffs was not barred as per the provisions of Gujarat Municipalities Act, 1963?
3. Whether the both the lower courts have committed substantial error of law in deciding the suit in absence of necessary and proper parties?
4. Whether the judgment and decree of the passed by the learned trial Court is rendered bad in law on account of non-compliance of requi
The judgment emphasized the importance of establishing legal ownership and possession in land disputes, and highlighted the legal provisions under the Gujarat Municipalities Act 1963, particularly Se....
Concurrent findings of fact by lower courts should not be disturbed in a second appeal unless a substantial question of law arises, which was not applicable in this case.
The main legal point established in the judgment is the requirement for a substantial question of law to be involved in a second appeal, as well as the limitations of the High Court's jurisdiction in....
The court's decision was based on the finding that the plaintiff had encroached on the defendant's land and failed to prove their case. The court also held that there was no substantial question of l....
Tenancy rights cannot be terminated without due process under the Transfer of Property Act, and eviction must follow legal requirements.
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 burden to prove the plaintiff's right to carry out business was on the plaintiff, and the court found that he failed to do so. The court also discussed the parameters of an appeal under Section 1....
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.
The plaintiff's failure to comply with lease terms and obtain necessary clearances and sanctions rendered the suits unsustainable.
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