Appeal against setting aside of part of a mandatory prohibitory injunction in a family suit regarding joint land. The higher court noted concurrent findings on joint ownership and dismissed the appeal.
Second Appeal dismissed; concurrent findings of fact upheld.
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Court No. - 53
Case :- SECOND APPEAL No. - 1182 of 2019 Appellant :- Surendra Singh And 2 Others Respondent :- Suresh Singh Counsel for Appellant :- Mahesh Narain Singh,M.N. Singh
Hon'ble Vivek Agarwal,J.
Heard Sri Sandeep Chaudhary, learned counsel for the appellants.
This Second Appeal has been filed by the defendant being aggrieved by judgment and decree dated 30.08.2019 passed by the learned District Judge, Sonbhadra in Civil Appeal No.02 of 2019 whereby civil appeal filed by the defendant has been partly accepted and the relief of the mandatory prohibitory injunction has been set aside clarifying that in regard to Araji No.238 where defendant has constructed a pucca house which is mentioned in the plaint Nazri Naksha as Va, V1, V2 and V3 shall not be valued at the time of passing of the final decree and such portion shall go in favour of the defendant but remaining order has been maintained.
There are concurrent findings on record that land contained in Survey Nos.235 and 238 is jointly owned by the plaintiff and the defendant no.1, who are real brothers and whose name is recorded in the revenue records including other details.
After arguing at some length in the matter, learned counsel for the appellant is an agreement that the concurrent findings of fact does not call for any interference in this second appeal and therefore the appeal fails and is dismissed.
Order Date :- 20.12.2019 Ashutosh
1 issue framed by the court
Whether the concurrent findings of fact on the joint ownership of land require interference in the second appeal.
Surendra Singh And 2 Others
Suresh Singh
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
