In a regular second appeal concerning a property dispute, the High Court dismissed the appeal, holding that no substantial question of law arose despite the appellant's claimed non-participation in demarcation reports, as courts below were final courts of fact.
The Regular Second Appeal is dismissed.
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.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RSA 56/2018 & CM No.13389/2018 (for exemption from filing entire Trial Court record)
KANWAR SINGH (SINCE DECEASED) THROUGH LRS ...Appellant Through: Mr. N. Prabhakar and Mr. Dhruv Sharma, Advs.
Versus
S.L. JAIN & ORS ..... Respondents Through: None.
CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
CM No.13388/2018 (for exemption)
RSA 56/2018 & CM No.13389/2018 (for exemption from filing entire Trial Court record)
the site plan annexed to the plaint, within the extended abadi of village Isapur, Delhi; (ii) permanent injunction restraining the respondents/defendants i.e. Block Development Officer, Panchayat Secretary, Halka Patwari and Girdawar all of village Isapur and/or of the district in which the said village is situated, from dispossessing the appellants/plaintiffs or interfering in the possession of the appellants/plaintiffs of the aforesaid property; and, (iii) recovery of damages of Rs.2,00,000/- for the demolition action already carried out by the respondents/defendants over a part of the property.
Page 2 of 4
RSA 56/2018
the Courts which are final courts of facts, any substantial question of law as proposed arises.
Page 3 of 4
RSA 56/2018
No costs.
RAJIV SAHAI ENDLAW, J.
SEPTEMBER 24, 2018 ‘pp’
Page 4 of 4
RSA 56/2018
2 issues framed by the court
Whether the High Court can override concurrent findings of fact under Order VII Rule 7 CPC regarding demarcation reports.
Whether a substantial question of law arises where appellants failed to challenge demarcation reports as per the prescribed procedure under the Delhi Land Revenue Act.
3 provisions across 1 enactments
Kanwar Singh (Since Deceased) Through LRS
S.L. Jain & Ors
Rajiv Sahai Endlaw
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
