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J. J. MUNIR
Mohd. Raseed Khan – Appellant
Versus
Nagar Palika Parsiahd Jhansi – Respondent
JUDGMENT :
J.J. MUNIR, J.
1. This is a plaintiff’s appeal arising out of an order of remand passed by the Lower Appellate Court setting aside the decree made in the suit and ordering a fresh trial, upon Issue No. 1.
2. Original Suit No. 194 of 2001 was instituted by Mohd. Raseed Khan against the Nagar Palika Parishad and the Executive Engineer of the said Nagar Palika, arrayed as the two defendants, claiming a permanent prohibitory injunction to the effect that the defendants be restrained from taking possession of and demolishing the existing constructions or otherwise interfering in the plaintiff’s peaceful possession of Plot No. 1897 (minjumla), the boundaries whereof are set out at the foot of the plaint and situate in Mauza Dadiapura, Andar Sagar Khidki, Jhansi.
3. The facts in brief leading to the action are:
The main legal point established in the judgment is that a remand should not be ordered if there is sufficient evidence on record to dispose of the suit finally.
The appellate court must decide cases based on available evidence and cannot remand without necessity, as doing so prolongs litigation without serving justice.
Point of law: Rule 23- A it is evident when the suit is decreed otherwise than on a preliminary issue and retrial is considered necessary, it is only then that the case has to be remanded. In other w....
The appellate court upheld that the plaintiff lacked a right of access to the northern side of her shop, as the land was classified as parti and not appurtenant to her property.
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