Manoj Kumar v. Smt.Saraswati Devi Sinha
Case brief
What is this about?
This order records a small correction in the substantial question of law framed in appeal SA No. 462 of 2004. The question concerns the justification of a first appellate court's finding on encroachment based on a Commissioner's report. The judgment of the Hon'ble Judge Sanjay K. Agrawal is to be recorded separately.
What the court decided
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
SA No. 462 of 2004
Manoj Kumar Versus Smt. Sarswati Devi
SB Hon'ble Shri Justice Sanjay K. Agrawal
| 06.01.2020 | Mr. V.G. Tamaskar, counsel for the appellant. Mr. Praveen Dhurandhar, counsel for the respondent. The substantial question of law was already framed in this second appeal on 09/03/2005. A small correction is made therein and Ex. P/6 appearing in the penultimate line is replaced with Ex. P/7. Therefore, the substantial question of law, after being corrected, be read as under :- “Whether the first Appellate Court was legally justified |
|---|---|
| Harneet | in arriving to the conclusion that the respondent/plaintiff has proved the encroachment of the appellant/defendant over the suit property by relying upon that report Ex. P/7 submitted by the Commissioner ? Or whether the above finding is perverse?” Judgment passed separately. Sd/- (Sanjay K. Agrawal) Judge |
Issues for consideration
2 issues framed by the court
Whether the first Appellate Court was legally justified in concluding that the respondent/plaintiff proved encroachment relying on the Commissioner's report.
Whether the finding of fact regarding encroachment is perverse.
Parties & counsel
- appellant
Manoj Kumar
- respondent
Smt. Sarswati Devi
Coram
Sanjay K. Agrawal
Case details
As recorded by the court registry
- Court
- Chhattisgarh HC
- Decided on
- · January
- Registered
- Case no.
- SA/462/2004
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