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ANIL KSHETARPAL
Harvinder Singh alias Harminder Singh – Appellant
Versus
Chhota Khan – Respondent
JUDGMENT :
Anil Kshetarpal, J.
CM-20914-CII-2024
1. For the reasons stated in the application, the same is allowed and delay of four days in filing the appeal is condoned.
SAO-47-2024
2. This second appeal has been filed by the defendants against the First Appellate Court’s Order remitting the matter back to the Trial Court. Pursuant to supply of advance copy of the appeal, Mr. Amandeep Tiwana, Advocate, has entered appearance on behalf of the contesting respondent No. 1 (plaintiff No. 2) who filed the first appeal.
3. The plaintiffs filed a suit for declaration to the effect that they are the owners in possession of the suit land measuring 3 bighas 3 biswas situated in village Sidhuwal, Tehsil and District Patiala, with consequential relief of permanent injunction restraining the defendants from interfering in their possession in any manner whatsoever.
4. The plaintiffs claimed that the suit land was owned by Smt. Basanti widow of Sadhu Singh and thereafter, her daughter, namely Smt. Jeeto succeeded to the property. Smt. Jeeto sold the property to plaintiffs No. 1 and 2 and Chanan Khan, predecessor-in-interest of plaintiffs No. 3 to 5 vide sale deed dated 05.01.1996 and the possession wa
The Appellate Court must frame issues based on material propositions and cannot remit cases without necessity for re-appreciation.
First appellate courts must thoroughly review evidence and provide reasoned judgments; failure to do so necessitates remanding cases for reevaluation.
Civil Suit - Suit for injunction and declaration - Nature of claims made by both the parties against each others, the issue of possession cannot be decided without conducting an inquiry as to issue o....
The appellate court must decide cases based on available evidence and cannot remand without necessity, as doing so prolongs litigation without serving justice.
A suit for declaration of title must seek possession to be valid; relief beyond pleadings is impermissible.
Remand of a case requires substantial grounds and cannot be based solely on procedural errors or the allowance of additional evidence.
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