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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIRINDER AGGARWAL
Municipal Council, Rewari – Appellant
Versus
Sanjay Jain – Respondent
JUDGMENT :
Virinder Aggarwal, J.( Oral)
1. The instant Regular Second Appeal (for short 'RSA') has been preferred by the appellant/respondents under Section 41 of the Punjab Courts Act, 1918, assailing the judgments and decrees rendered by the Courts below. The appeal is primarily founded on the contention that the findings recorded by the learned Additional Civil Judge (Senior Division), Rewari and the learned Additional District Judge, Rewari are contrary to law, founded upon a manifest misappreciation of evidence, and have occasioned substantial prejudice to the appellant, thereby warranting the intervention of this Court in exercise of its appellate jurisdiction under the said provision.
2. For the sake of clarity and convenience in the discussion, the parties shall hereinafter be referred to as the plaintiffs and the defendants, corresponding to their respective status before the learned Trial Court. The salient and material facts forming the foundation of the present proceedings, which are essential for an informed adjudication of the issues, are briefly narrated as follows:-
"The plaintiffs assert ownership and possession of land measuring 3 kanals 19 marlas, comprising Khewat N
Second appeals in Punjab are treated under Section 41 of the Punjab Courts Act, 1918, limiting the scope of judicial review to legal infirmities without framing substantial questions of law.
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.
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