DUBARIA versus HAR PRASAD & ANR.

DUBARIA versus HAR PRASAD & ANR.

The High Court's order affirming the first appellate court was unjustified because it ignored material oral and documentary evidence, such as khatauni, khewat, and admissions by respondents regarding possession. This non-consideration warranted setting aside the High Court's judgment and remitting the matter for fresh consideration.

Parties
Appellant: Dubaria; Respondent: Har Prasad; Respondent: Anr.
Jurisdiction
India
Judgment Date
10 September 2009
Procedural Posture
Civil Appeal / Appeal From High Court Judgment in Second Appeal No. 956 of 1976, Allahabad
Outcome
Appeal partly allowed, judgment of High Court set aside, matter remitted
Legal Topics
Permanent Injunction, Concurrent Findings of Fact, Second Appeal, Scope of Article 136
Property Law Civil Procedure Permanent Injunction Concurrent Findings of Fact Second Appeal Scope of Article 136

Case Brief

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Parties

Dubaria

Appellant

Har Prasad

Respondent

Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment in Second Appeal No. 956 of 1976, Allahabad

Legal Issues

  1. 1 Whether the High Court erred in dismissing the second appeal by ignoring material oral and documentary evidence regarding ownership and possession of the suit property
  2. 2 Whether Supreme Court can interfere with concurrent findings of fact under Article 136 of the Constitution

Ratio Decidendi

The High Court's order affirming the first appellate court was unjustified because it ignored material oral and documentary evidence, such as khatauni, khewat, and admissions by respondents regarding possession. This non-consideration warranted setting aside the High Court's judgment and remitting the matter for fresh consideration.

Court Disposition

Appeal partly allowed, judgment of High Court set aside, matter remitted

Orders

  • Judgment of the High Court in Second Appeal No. 956 of 1976 is set aside.
  • Matter remitted to the High Court for fresh consideration in light of observations in this judgment.