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SUDESH BANSAL
Chauthu – Appellant
Versus
Mangal Chand – Respondent
JUDGMENT
Sudesh Bansal, J. - ppellant-defendants (hereafter referred to as 'defendants') have filed this second appeal under Section 100 of C.P.C., assailing the judgment and decree dated 21.01.2019 passed in civil first appeal No. 14/2014 (10/2014) NCV No. 228/2014 by Additional District Judge, No. 2, Jaipur, District Jaipur whereby and whereunder dismissing the appeal affirming the judgment and decree dated 26.02.2014 passed in civil suit No. 06/2009 (146/07) by Additional Civil Judge (Jr. D.) No. 1, Jaipur, District Jaipur whereby and whereunder respondent-plaintiffs' suit for permanent injunction in respect of a right of way through common way of 12 feet has been decreed in following terms:-
2. Heard learned counsel for appellants and perused impugned judgments and record.
3. It is not in dispute that partition, in respect of the joint agricultural lands, has already been taken place between parties and the dispute is only in respect of a common way of 12 feet wide, alleged to be situated in between the agricultural lands, came in the respective shares of both parties in the partition. Plaintiffs claimed that the way in question was left for common use wherein 6 feet-6 feet land o
The existence of a common way and its use by parties can be established through evidence such as compromise deed, reports, and usage over a period of time
The High Court cannot interfere with concurrent findings of fact unless they are perverse; a substantial question of law must be established for a second appeal under CPC.
The importance of evidence in proving claims and the limited scope of interference in second appeals under Section 100 CPC.
The court's decision emphasized the importance of proper appreciation of evidence and the absence of substantial question of law in upholding the decree and judgment.
The judgment emphasizes the importance of substantial questions of law in appeals under Section 100 of CPC and the parameters for interference with findings of fact in second appeals.
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.
The central legal point established in the judgment is the interpretation of the evidence and the application of the legal principles, including the provisions of the Easement Act, 1882, to determine....
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