RSA/99/2021
2021 Latest Caselaw 3221 HP

RSA No. 99 of 2021

24.07.2021 Present: Mr. Romesh Verma, Advocate, for the appellants.

Mr. G. C. Gupta, Sr. Advocate with Ms. Meera Devi,

.

Advocate, for the respondents/caveators.

Through Video Conferencing

The instant appeal has been listed under the caption

'Speaking to the Minutes'. Even though the appeal was

admitted on substantial questions of law on 2 to 6 as

formulated at page Nos. 17 and 17A of the Paper Book, but the

order dated 22.07.2021 simply shows that the case has only

been adjourned after calling for the records, for 05.08.2021.

Therefore, accordingly the appeal is admitted on the

following substantial questions of law:-

1. Whether the Ld. Lower Appellate Court has not adhered to the provision of Order 41 Rule 33 as well as the judgments as passed by the Apex Court in Civil

Appeal No. 7418 of 2009, dated 01.07.2019, whereby

while reversing the judgment the Ld. Lower Appellate Court is required to address and give reasoning on each and every issue.

2. Whether the Ld. Appellate Court has erred while granting the relief of injunction and possession contrary to the provision of order VI of Code of Civil Procedure in the absence of pleadings and identification of suit land.

3. Whether the Ld. Lower Appellate Court has erred by not giving protection to the defendants under Section 53A of the Transfer of Property Act.

4. Whether the suit filed by the plaintiff is beyond the period of limitation.

5. Whether the Ld. Lower Appellate Court has erred in disbelieving the statement/admission as made by plaintiffs No. 2, 4 and 5 whereby vide Ext. DW-1/A order

was passed by the Assistant Collector Second Grade Jathia Devi and statement as made Ext. DW-2/B,

.

acknowledging the possession of appellants over the

suit land.

List on the date already fixed i.e. 05.08.2021.

(Tarlok Singh Chauhan) Judge

July 24, 2021 (sanjeev)