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ANIL KSHETARPAL
Sant Ram – Appellant
Versus
Mangal Singh – Respondent
JUDGMENT
Anil Kshetarpal, J.
The Regular Second Appeal in the States of Punjab, Haryana and Union Territory, Chandigarh is governed by Section 41 of the PUNJAB COURTS ACT , 1918 and not by Section 100 of the Code of Civil Procedure, 1908, as held by a five Judge Bench of the Supreme Court in Pankajakshi (Dead) through LRs v. Chandrika and Others (2016) 6 SCC 157.
2. While filing the second appeal, the plaintiff assails the correctness of the judgments and decrees passed on 06.11.2013 and 25.08.2015 by the Civil Judge (Junior Division), S.B.S.Nagar, and the Additional District Judge, S.B.S.Nagar, respectively.
3. The relevant facts, in brief, are that the plaintiff-Sh.Sant Ram filed a suit for grant of decree of declaration, to the effect that he is the owner in possession of the land/property measuring 0 kanals and 7 marlas being 7/10th share in the plot measuring 0 Kanals and 10 marlas comprised in khasra No. 235 (0-7) and 244 (0-3) situated in the residential area of the village Sarhal Quazian, Tehsil Nawanshahr, District Shaheed Bhagat Singh Nagar and the entries in the jamabandi for the year 1981-82 regarding the share of the plaintiff and the jamabandies for the subsequent year
The Regular Second Appeal in Punjab is governed by Section 41 of the Punjab Courts Act, 1918, not Section 100 of the CPC, and minor irregularities do not invalidate a decree without proof of fraud.
The Regular Second Appeal in Punjab and Haryana is governed by Section 41 of the Punjab Courts Act, 1918, not Section 100 of the CPC, reaffirming the binding nature of prior judgments on possession.
The judgment emphasizes the jurisdiction of the Civil Court to entertain suits challenging orders under the Punjab Security of Land Tenures Act, 1953, and the binding nature of orders upheld by the H....
The Court upheld that factual findings by lower courts could only be interfered with for substantial legal errors, emphasizing strict adherence to evidence standards in ownership claims.
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