Citation : 2022 Latest Caselaw 3987 Chatt
Judgement Date : 23 June, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
SA No. 404 of 2018
Kripa Shankar Jaiswal Versus Ravindra Gupta
23.06.2022
Mr. M.K. Sinha, counsel for the Appellant.
Mr. Ravi Maheshwari, Panel Lawyer for the State. Learned counsel for the appellant would submit that both the Court below have held that plaintiff is the title holder of the suit property but learned first appellate Court has set aside one part of the decree by which the decree for recording the name of the plaintiff in the revenue record has been set aside. Learned counsel for the appellant would further submit that this is perverse finding of the trial Court once plaintiff has been declared title holder of the suit property, it is beyond the jurisdiction of the trial Court. The appeal is arguable.
The appeal is admitted on the following substantial question of law :- "Whether, learned first appellate Court was justified in setting aside the judgment and decree so far as it relates to the recording of the name of the plaintiff in revenue record though it has affirmed the finding with regard to the title of the plaintiff over suit property bearing khasra Nos. 387, 388/2 area measuring 0.75 Acres situated at village Jashpur P.H.No. 28 Revenue Circle Jashpur?.
Sd/-
(Narendra Kumar Vyas) JUDGE
Deshmukh
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