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MADAN GOPAL VYAS
Ram Lal – Appellant
Versus
Narsingh – Respondent
JUDGMENT :
Madan Gopal Vyas, J.
The defendant No. 1-appellant has preferred the present civil second appeal under section 100 of CPC against the judgment and decree dated 07.02.2014 passed by the learned Additional District Judge No. 1, Chittorgarh (hereinafter referred to as the learned First Appellate Court) in Civil First Appeal No. 23/2008 whereby the learned First Appellate Court dismissed the appeal filed by the defendant No. 1-appellant and affirmed the judgment and decree dated 01.11.2007 passed by the learned Additional Civil Judge (Junior Division), Chittorgarh (hereinafter referred to as the learned trial Court) in Civil Original Suit No. 39/2006 (119/2005) whereby the learned Trial Court decreed the suit filed by the plaintiffs-respondents herein seeking decree of permanent injunction and declaration.
2. Briefly stated, facts of the case as stated in suit are that the plaintiff was allotted a residential plot in Gram Panchayat, Samri and Patta No. 13053 dated 30.11.1975 was issued in his favour. It was stated that when the plot in question was handed over to the plaintiff, a residential house was already constructed and on the western side of the plot, there is residential
Evidence cannot be reappreciated in a second appeal under Section 100 CPC, and concurrent findings of lower courts are upheld unless substantial questions of law arise.
The importance of evidence in proving claims and the limited scope of interference in second appeals under Section 100 CPC.
The first appellate court has the jurisdiction to re-appreciate evidence and record its own findings of fact by reversing the findings of the trial court if found to be perverse.
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....
In a second appeal, the High Court reviews only substantial questions of law, not factual determinations made by lower courts, affirming the principle that concurrent findings of fact cannot be distu....
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