Smt.A.Vimala vs Malem Kuppuswamy
2021 Latest Caselaw 3089 AP

        HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI

MAIN CASE: SECOND APPEAL No.930 of 2017

                               PROCEEDING SHEET

Sl.     Date                              ORDER                                 OFFICE
No.                                                                              NOTE
                  MVR,J
 3.   18.8.2021             Second Appeal No.930 of 2017

                       Heard Sri Maheswara Rao Kuncham, learned
                  counsel for the appellant.

                        Admit. The following are the substantial
                  questions of law:

                        1. Whether the 1st appellate Court rightly applied
                           the dicta reported in 1990(1) ALT 359 (DB)
                           that "time is not essence of contract in contracts
                           of sale of immovable property even if there is an
                           express provision in the agreement in that itself
                           is not determinating factor" in appreciating the
                           facts and circumstances of the case?

                        2. Whether the 1st appellate Court right in
                           recording findings in respect of Gift Deed set
                           up by the D.W.1 in the absence of pleadings
                           and if it does not amount to going beyond the
                           pleadings as held in (2014) 5 SCC 312?

                        3. Whether the 1st appellate Court rightly applied
                           the true purport and intendment of Section
                           103 of Evidence Act, 1872 in respect of
                           defendant's case relating to the Gift Deed?

                        4. Whether the lower appellate Court has
                           properly perceived to the cogent documentary
                           evidence on record produced by the appellant
                           to substantiate her assertions as a final Court
                           of facts and without formulating the points for
                           consideration and whether such a judgment of
                           the lower appellate Court is not vitiated by the
                           law laid down by the apex Court in (2002) 7
                           SCC 411?

                        Issue notice to the respondents to submit

arguments in respect of the above substantial questions of law (Arulmighu Nellukadai Mariamman Tirukkoil vs. Tamilarasi (dead) by LRs., AIR 2019 SC 3027 followed).

List during the 1st week of November 2021.

________ MVR,J Contd...., I.A.No.1 of 2017 List along with the Second Appeal.

________ MVR,J vasu