Ram Manohar v. Mahesh Kumar (Died)
Case brief
What is this about?
Defendant's second appeal under Section 100 CPC against concurrent decrees in a suit for possession founded on registered sale deed dated 27-6-1973 (Ex.P/1) for Rs.1500/-; defence of mortgage/security for loan, adverse possession and limitation failed below. Key points: refusal of amendment under Order 6 Rule 17 r/w Section 151 CPC and of additional evidence under Order 41 Rule 27 CPC; impossibility of building a new case at the appellate stage; plea of Hanuman Mandir Trust ownership and Section 26 Public Trust Act raised for the first time in second appeal; respondent's plea of estoppel under Section 43 Transfer of Property Act. Precedents: Asian Hotels (North) Ltd. v. Alok Kumar Lodha (relied); Basavaraj v. Indira, 2024 INSC 151 (relied); Iqbal Ahmed v. Abdul Shukoor, 2025 INSC 1027 (relied); Shyam Gopal Bindal v. LAO, 2010 (2) SCC 316 (referred); Tanu Ram Boara v. Promod Ch. Das, (2019) 4 SCC 173 (referred). Outcome: appeal dismissed, no order as to costs.