DILBAGRAI PUNJABI versus SHARAD CHANDRA

DILBAGRAI PUNJABI versus SHARAD CHANDRA

The High Court was justified in interfering with and reversing the lower courts’ findings where material evidence directly bearing on the issue of ownership was not considered, giving rise to a substantial question of law under s.100 CPC.

Parties
Appellant: Dilbagrai Punjabi; Respondent: Sharad Chandra
Jurisdiction
India
Judgment Date
08 August 1988
Procedural Posture
Civil Appeal / Appeal From Madhya Pradesh High Court Decision in Second Appeal No. 33 of 1978
Outcome
Appeal dismissed
Legal Topics
Eviction, Personal Necessity, Proof of Ownership, Appellate Jurisdiction
Civil Procedure Property Law Tenancy Law Eviction Personal Necessity Proof of Ownership Appellate Jurisdiction

Case Brief

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Parties

Dilbagrai Punjabi

Appellant

Sharad Chandra

Respondent

Procedural Posture

Civil Appeal / Appeal From Madhya Pradesh High Court Decision in Second Appeal No. 33 of 1978

Legal Issues

  1. 1 Whether the plaintiff-respondent established ownership required under s.12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961
  2. 2 Whether the High Court was justified in reversing concurrent factual findings under s.100, Civil Procedure Code

Ratio Decidendi

The High Court was justified in interfering with and reversing the lower courts’ findings where material evidence directly bearing on the issue of ownership was not considered, giving rise to a substantial question of law under s.100 CPC.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs