Back
J. C. DOSHI
Vaghela Dhulubha Narayanji – Appellant
Versus
Kankuben Bhojabhai Kod – Respondent
JUDGMENT (ORAL)
This second appeal under Section 100 of the Code of Civil Procedure, 1908 (for short ‘the Code’) challenges the judgment and decree passed in Regular Civil Appeal No.9 of 2023 by the 3rd Additional District Judge, Kachchh at Bhachau, by which, the learned Additional District Judge dismissed the first appeal and confirmed the judgment and decree passed in Regular Civil Suit No.18 of 2011 by the Additional Civil Judge, Rapar (Kachchh) whereby, suit of the plaintiff was partly allowed and the counter claim preferred by the defendant under Order 8, Rule 6(A) of the Code was rejected. By the judgment and decree, learned Trial Court ordered that the defendants were restrained by issuing a permanent injunction from interfering with the plaintiff’s possession over the land of Survey No.165/1 and Survey No.166 of Mouje : Momaymora, Taluka : Rapar, District : Kachchh (‘suit property’) without following due process of law. Further, the permanent injunction was issued to the effect that the defendants have no right whatsoever to sell or transfer the suit property without following due process of law.
2. The factual aspects leading to filing of the present second appeal are as un
(1) Redemption of usufructuary mortgage – Defective counter claim of defendant would not take away statutory right to redeem usufructuary mortgage.(2) First appeal can be filed against decree and not....
A tenant inducted by a mortgagee loses tenancy rights upon mortgage redemption, absent a direct contract with the mortgagor.
The court emphasized the importance of proving ownership and complying with the rules of non-joinder of parties and limitation in civil suits.
Second Appeal – Substantial question of law -condition precedent for entertaining and deciding a Second Appeal being existence of a substantial question of law, whenever a question is framed by the H....
A second appeal under CPC does not warrant interference when no substantial question of law arises, affirming the necessity of establishing ownership before claiming possession.
The court established that a unified decree involving both a suit and counter claim can be appealed as a single entity, and failure to raise res judicata at the appropriate stage results in waiver of....
The mortgagor's rights to reclaim land are automatic after six years under invalidated usufructuary mortgage agreements lacking specified terms, as per relevant statute provisions.
In a usufructuary mortgage, the right to redeem does not extinguish after 30 years; it arises only upon payment of the mortgage money.
The High Court's jurisdiction in second appeals is limited to substantial questions of law; factual findings by lower courts are upheld unless exceptional circumstances exist.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
