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ANIL KSHETARPAL
Sukhminder Singh – Appellant
Versus
Boota Singh – Respondent
JUDGMENT
Mr. Anil Kshetarpal, J.
The Regular Second Appeal in the States of Punjab and 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. In this regular second appeal, the plaintiff assails the correctness of the findings of facts arrived at by the First Appellate Court, which, in turn, has reversed the judgment and decree passed by the Trial Court.
3. In order to comprehend the issue involved in the present case, the relevant facts, in brief, are required to be noticed. Jora Singh, Boota Singh and Chhota Singh filed a suit against the appellant, namely Sukhminder Singh and proforma respondent, namely Smt.Sukhi, who are the son and daughter of Devi Chand, for the grant of decree of declaration that plaintiff No. 1 is the owner in possession of half share, whereas plaintiff No.2 and 3 are the owners in equal share of the remaining half share in the land measuring 24 kanals being 480/8234th share in the total land measuring 411 kanals and 14 marlas co
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 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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