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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Sukh Dev Gir – Appellant
Versus
Block Development Officer – Respondent
| Table of Content |
|---|
| 1. customary chela succession to gossain mohtmim after guru's death (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. public temple managed by appointed committee, not private sect (Para 7 , 8) |
| 3. lower courts dismissed suit affirming committee validity (Para 9 , 10 , 11 , 12) |
| 4. appeal contends perverse findings on evidence and jurisdiction (Para 13 , 14 , 15 , 16 , 17) |
| 5. document pw3/a unreliable due to fabrication and inconsistencies (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 6. plaintiff's contradictory conduct shows property grabbing intent (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 7. custom needs continuity, certainty, long usage proof (Para 33 , 34 , 35 , 36 , 37) |
| 8. custom failure as inadequately pleaded and evidenced (Para 38 , 39 , 40) |
| 9. limited second appeal interference on substantial law questions (Para 41) |
| 10. appeal dismissed upholding lower court decrees (Para 42 , 43) |
The present appeal arises out of the judgment and decree, dated 20.07.2005, as passed by the learned Additional District Judge, Fast Track Court, Kangra at Dharamshala, whereby the appeal preferred by the appellant/plaintiff has been ordered to be dismissed and the judgment and decree
Custom requires specific pleading and proof of continuity, certainty, long usage, reasonableness. Second appeals under Section 100 CPC permit no re-appreciation of evidence absent perversity. Fabrica....
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.
Custom – Custom evolves by conduct – Customs too, like law, cannot remain stuck in time and others cannot be allowed to take refuge in customs or hide behind them to deprive others of their right.
Second appeals under CPC S.100 do not permit re-appreciation of evidence; concurrent findings upheld absent perversity or substantial question of law. Adverse possession claim fails without rebutting....
Point of law : Even when the first appellate court affirms the judgment of the trial court, it is required to comply with the requirement of Order XLI Rule 31 and non-observance of this requirement l....
Customary law governs inheritance rights, emphasizing the necessity of proving adoption and community customs for legal validation.
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.
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