Dismissed¶10

Subhash Chandra v. Daya Shankar and 24 Others

Allahabad HC4 Feb 2020SAPL/22/2018

Case brief

AI extract

What is this about?

Second appeal dismissed - no substantial question of law under Section 100 CPC against concurrent findings of fact; suit by heirs of Badri Nath @ Badri Prasad for permanent injunction/alternative eviction over Survey No.191-B (spot map A.B.C.D.) failed as plaintiff could not identify the land or prove cause of action; defendants' well (kuan) in existence 17 years; trial: Additional Civil Judge (JD)-II, Bhadohi-Gyanpur (18.10.2016); first appeal: Additional District Judge, Court No.1, Bhadohi-Gyanpur (04.10.2017); Single Judge: Vivek Agarwal, J.; decided 4.2.2020.

What did the court decide?

No substantial question of law has been made out in the present case against the concurrent findings of fact recorded by the courts below. ¶10

Subhash Chandra Vs Daya Shankar and 24 Others — Allahabad HC (2020) — LawSathi Research

¶1

Court No. - 53

¶2

Case :- SECOND APPEAL No. - 22 of 2018

¶3

Appellant :- Subhash Chandra Respondent :- Daya Shankar And 24 Others Counsel for Appellant :- Lakshmi Kant Pandey

¶4

Hon'ble Vivek Agarwal,J.

¶5

Sri Lakshmi Kant Pandey, learned counsel for the appellantplaintiff submits that this second appeal has been filed under provisions contained in Section 100 of Code of Civil Procedure being aggrieved by judgment dated 04.10.2017 and decree dated 10.10.2017 passed by the Court of learned Additional District Judge, Court No.1, Bhadohi-Gyanpur in Civil Appeal No.59 of 2016 (Subhash Chandra and others Vs. Daya Shankar and others) against the judgment and order dated 18.10.2016 and decree dated 22.10.2016 passed by Additional Civil Judge (Junior Division)-II-Bhadohi-Gyanpur in Original Suit No.108 of 1983 (Badri Nath and others Vs. Jag Deo and others).

¶6

It is submitted that the first appellate court has affirmed the judgment passed by the Trial Court. One Badri Nath @ Badri Prasad had originally instituted a suit for permanent injunction and in the alternative decree of eviction against the defendants. During the pendency of the suit, Badri Nath @ Badri Prasad passed away and his legal heirs were substituted on record. Present apppellant-Subhash Chandra is one of the legal heirs of Badri Nath @ Badri Prasad who has preferred this appeal.

¶7

As per plaint averments, it was claimed that as per Survey No.191-B spot map marked as A.B.C.D., it is a land of sole ownership of the plaintiff and he is the owner and possessor of such land. It was submitted that defendants have threatened them to interfere in their possession.

¶8

Learned Trial Court framed as many as seven issues and dismissed the suit on the ground that the plaintiff has failed to identify the land in question nor could prove the cause of action through the evidence. This finding has been affirmed by the first appellate court. It has come on record that 'well' (kuan) of the defendants is existing in Survey No.191-B for last 17 years.

¶9

In view of such findings even first appeal has been dismissed.

¶10

After hearing of learned counsel for the appellant, no substantial question of law appears to have been made out in the present case against the concurrent findings of fact and, therefore, this appeal being devoid of merit deserves to be dismissed and is dismissed .

¶11

Order Date :- 4.2.2020 Ashutosh

Subhash Chandra v. Daya Shankar and 24 Others

Case brief

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Subhash Chandra v. Daya Shankar and 24 Others

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