Supreme Court · 2013 INSC 95 · Decided 12 February 2013

Nasib Kaur and ORS. v. Col Surat Singh (Deceased) Through L.RS & ORS.

Court
Supreme Court of India
Citation
2013 INSC 95 · [2013] 1 S.C.R. 984
Case number
CIVIL APPEAL No. 1276/2013
Decided
12 February 2013
Bench
A.K. PATNAIK, H.L. GOKHALE (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 100; Constitution Article 136

Headnote

Code of Civil Procedure, 1908: s. 100 - Second appeal - Substantial question of Jaw - Suits for declaration and permanent injunction - Decreed by High Court reversing the finding of first appellate court - Held: Evidence on record has established that defendants were in D iand by virtue of sale deeds and plaintiff had not been able to establish that he was owner thereof and, consequently, entitled to declaration of his title, recovery of possession and injunction - Therefore, the first appellate court had decided the core issue against the plaintiff E and no

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