SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2024 Supreme(HP) 371

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Banka Dei (Deceased) through LRs Rati Ram – Appellant
Versus
Watuli Devi – Respondent


Advocates Appeared:
For the Appellants : Romesh Verma, Sumit Sharma

JUDGMENT :
RAKESH KAINTHLA, J.

1. The present petition has been filed for reviewing the judgment and decree passed in RSA No. 145 of 2022, titled Banka Dei (since deceased) through her LRs versus Watuli Devi, decided on 29.9.2023. It has been asserted that the learned District Judge has reversed the findings of the learned Trial Court in a slipshod manner. The findings were not discussed by the learned District Judge and he had failed to comply with Order 41 Rule 31 of CPC. The Hon’ble Apex Court has repeatedly held that the Appellate Court is required to give reasons for findings to differ from the findings of the learned Trial Court. Learned Trial Court had dismissed the suit filed by the plaintiff by giving specific and categorical reasons holding that the defendant was in adverse possession. The points determined by the learned Trial Court were not touched by the learned District Judge. The revenue record does not prove the title of the property. The plaintiff had failed to establish and substantiate her title. No evidence was led to prove the family partition and no decree for possession could have been passed in favour of the plaintiff. The plaintiff had failed to prove when s

Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top