Back
ORISSA HIGH COURT
KESHAB NANDA – Appellant
Versus
GOURANGA CHARAN NANDA – Respondent
Judgment :
A.C. Behera, J.
This Second Appeal has been preferred against the reversing judgment.
2. The Appellants in this Second Appeal were the Defendant Nos.1,2 and LRs of the Defendant No.4 before the learned Trial Court in the suit vide C.S. No.177 of 2003 and Respondent Nos.1 to 4/G before the learned 1st Appellate Court in the first appeal vide R.F.A. No.52 of 2017.
The Respondent Nos.2 to 5 in this 2nd Appeal were the Defendant Nos.8 to 11 before the learned Trial Court in the suit vide C.S. No.177 of 2003 and Respondent Nos.5 to 8 before the learned 1st Appellate Court in the 1st appeal vide R.F.A. No.52 of 2017.
The Respondent No.1 in this 2nd Appeal i.e. Gouranga Charan Nanda was the sole Plaintiff before the learned Trial Court in the suit vide C.S. No.177 of 2003 and Appellant before the learned 1st Appellate Court in the first appeal vide R.F.A. No.52 of 2017.
3. The suit of the Plaintiff (Respondent No.1 in this 2nd Appeal) vide C.S. No.177 of 2003 was a suit for permanent injunction, in alternative recovery of possession, if the Plaintiff is found to be dispossessed from any portion of the suit properties during the pendency of the suit.
4. The case of the Plaintiff i.e. G
Reliance on a local commissioner's report in judicial decisions must comply with natural justice principles; failure to allow cross-examination and address objections renders a judgment unsustainable....
Judicial decisions must adhere to principles of natural justice; failure to allow cross-examination of a commissioner invalidates reliance on their report.
The court clarified that reliance on an unchallenged Commissioner's report for title determination is improper without accurate property measurement, and limitation for recovery of possession involve....
Commissioner’s reports, if accepted without objection, are not binding and can be challenged during trial. The court must evaluate all evidence before arriving at a conclusion on land disputes.
The court upheld the lower courts' findings, emphasizing the limited scope of re-appreciating evidence in second appeals under Section 100 CPC.
Possession can be asserted without title; long-standing peaceful possession protects rights more than ownership claims in possessory title cases.
The court affirmed that previous orders rejecting applications for scientific measurement in ongoing litigation are final and cannot be re-agitated, emphasizing the principles of res judicata and tim....
Concurrent findings of fact by the Trial Court and First Appellate Court are binding and cannot be interfered with under Section 100 of the CPC.
The court affirmed that a Commissioner's report, once accepted and unchallenged, is valid evidence in property disputes, emphasizing the importance of timely objections.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
