NATHUNI RAM versus RAGHUPAT RAM AND ORS.

NATHUNI RAM versus RAGHUPAT RAM AND ORS.

The High Court erred in reversing the relief granted by the first appellate court to the appellant with respect to 22 decimals of land, as no challenge or appeal was made by the defendants against that relief; the relief granted by the first appellate court stands confirmed.

Parties
Appellant: Nathuni Ram; Respondents: Raghupat Ram and Ors.
Jurisdiction
India
Judgment Date
23 February 2007
Procedural Posture
Civil Appeal / Supreme Court Final Appeal Against High Court Judgment
Outcome
Appeal allowed; relief granted by first appellate court confirmed.
Legal Topics
Declaration of Title, Confirmation of Possession, Appeals, Practice and Procedure
Civil Procedure Declaration of Title Confirmation of Possession Appeals Practice and Procedure

Case Brief

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Parties

Nathuni Ram

Appellant

Raghupat Ram and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Final Appeal Against High Court Judgment

Legal Issues

  1. 1 Whether the High Court erred in reversing part of the first appellate court's relief in absence of any challenge by defendants
  2. 2 Whether appellant is entitled to declaration and possession over 22 decimals of suit land

Ratio Decidendi

The High Court erred in reversing the relief granted by the first appellate court to the appellant with respect to 22 decimals of land, as no challenge or appeal was made by the defendants against that relief; the relief granted by the first appellate court stands confirmed.

Court Disposition

Appeal allowed; relief granted by first appellate court confirmed.

Orders

  • High Court's order, so far as it reversed the appellate court's judgment and restored trial court judgment, is set aside to the extent relief granted to appellant by first appellate court stands confirmed.
  • No order as to costs.