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RAJNISH KUMAR
Shyampati – Appellant
Versus
Ram Karan Pandey – Respondent
JUDGMENT :
Rajnish Kumar, J.
1. Heard, Shri V.P.Nagaur, learned counsel for the appellant and Shri Ram Raj Ojha, learned counsel for the respondent No.1. The respondent no.2 has died and no other legal heir has been substituted and respondent no.3 is the court concerned.
2. Learned counsel for the plaintiff-appellant submitted that the First Appellate court has decided the appeal without following the provisions of Order XLI Rule 31 CPC as it has been decided without formulating the points of determination, which arises for adjudication and recording reasons for its decision on the said point. He further submitted that merely because the plaintiff-appellant, who is an illiterate lady could not give correct description of the things, it cannot be said that she failed to prove her case. He further submitted that the space between the house of the plaintiff-appellant and the land in dispute is part of her property and left for rain water and on account of same it cannot be said that the land in dispute is not appurtenant to the house of the plaintiff-appellant. He further submitted that merely because the Husk is existing on the land in dispute, it cannot be said that it is not Sahan of
The First Appellate Court must comply with procedural requirements and evaluate evidence from both parties; failure to do so renders its findings perverse.
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The appellate court can reverse trial court findings and consider all evidence in a permanent injunction suit, even after confirming some findings, if the trial court inadequately assessed the eviden....
Possession established prior to the abolition of zamindari can confer rights under Section 9 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, regardless of the validity of an unre....
A landowner retains ownership of appurtenant land despite physical deterioration of the building, as possession based on historical claims and will documentation is recognized under relevant statutor....
The First Appellate Court's compliance with procedural requirements under Order 41 Rule 31 of CPC is essential for ensuring fair adjudication, even if specific points for determination are not framed....
The appellate court must independently assess evidence and provide detailed reasoning in its decision, failing which the judgment is procedural error.
The appellate courts must adhere to procedural mandates, ensuring independent evaluation and reasoned findings, as failure to do so renders judgments unsustainable.
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