This second appeal against the dismissal of a suit for permanent injunction was filed by a plaintiff, notwithstanding the fact that courts below (trial and first appellate) had correctly found that the property belonged to the defendant who executed valid will and sale deeds.
Second appeal dismissed. No cost(s).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
SA No. 402 of 2009
---- Appellant/ Plaintiff
Versus
---- Respondents/ defendants
| For Appellant / Plaintiffs |
: Mr. V.K. Sharma, Advocate |
|---|---|
| For Respondents No. 1 & 2 | : Mr. R.N. Jha, Advocate |
| For State/ Respondent No. 3 | : Mr. R.K. Bhagat, Deputy Government Advocate |
Hon'ble Shri Justice Sanjay K. Agrawal Order on Board
18.07.2019
3in favour of defendant No. 4 is the finding of fact based on evidence available on record. Merely because revenue records have been mutated in the name of plaintiff, if any, will not confer title to them as both the Courts have rightly held Premwati defendant No. 1 to be the exclusive owner of the suit land, and she has rightly transferred suit land in favour of respondent No. 2 & 4. I do not find any illegality or perversity in the present appeal. Even I do not find any substantial question of law for determination in this second appeal.
Sd/- - (Sanjay K. Agrawal) Judge
Vishakha
2 issues framed by the court
Whether the concurrent finding of fact by the courts below that the respondent was the exclusive owner of the property, rejecting the mutation in the appellant's name, was perverse or involved a subst
Whether the mutation of revenue records in favour of the appellant confers a title to the suit property when the will and sale deeds executed by the exclusive owner are otherwise valid?
1 provisions across 1 enactments
Atmaram S/o Bhangidas Sahu
Alakhram s/o not known
Palha S/o Chaitu Kewat
State Of C.G.
Shyamdas S/o Bhangidas Sahu
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
