Lrs Of Sardar Singh vs Sarpanch
2022 Latest Caselaw 10001 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 96/2021

Legal Representatives of late Shri Sardar Singh, son of Shri Uak Singh, resident of Sayla, Tehsil Sayla, District Jalore as under:-

1. Badali Devi W/o Sardar Singh, Sayla, Tehsil Sayla, District Jalore

2. Lajiya Kanwar W/o Man Singh, Bagra, Tehsil And District Jalore

3. Balwant Singh S/o Sardar Singh, Sayla, Tehsil Sayla, District Jalore

4. Mahendra Singh S/o Sardar Singh, Sayla, Tehsil Sayla, District Jalore

5. Santosh Kanwar W/o Bhoor Singh, Malwada, Tehsil Raniwada, District Jalore

6. Mot Singh S/o Sardar Singh, Sayla, Tehsil Sayla, District Jalore

7. Nirmala Kanwar W/o Bharat Singh, Ummedabad, Tehsil Sayla, District Jalore

8. Chottu Singh S/o Sardar Singh, Sayla, Tehsil Sayla, District Jalore

9. Praveen Singh S/o Sardar Singh, Sayla, Tehsil Sayla, District Jalore

----Appellants Versus Sarpanch, Gram Panchyat Sayla, Tehsil Sayla, District Jalore

----Respondent

For Appellant(s) : Mr. Amit Mehta.

For Respondent(s) :

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

01/08/2022

Heard.

The present second appeal involves following substantial

questions of law:-

                                                                                    (2 of 2)                  [CSA-96/2021]


                                           (a)       "Whether      the     impugned           judgments      &   decrees,

passed by the learned Courts below are based on no legal foundation and the learned Courts below have misdirected itself by basing its judgments and decrees on unwarranted assumption?

(b) Whether the learned Courts below have committed serious error of law as well as facts while completely overlooking the Exhibit-1A as well as oral evidence of plaintiffs (P.W.-1 to P.W.-4)?

(c) Whether the learned Courts below have based its judgments & decrees on irrelevant assumptions, moreover, on conjectures and surmises?

(d) Whether the learned Courts below have committed serious error of law as well as facts while deciding the issue Nos.1 & 3 against the plaintiffs, in absence of leading any evidence, either oral or documentary by the defendant?

(e) Whether the learned Courts below have committed serious error of law as well as facts while not considering this aspect of the matter that disputed land i.e. land marked as "IDEF" in the Site Map "A" appended with the Plaint is part of land for which sanad dated 27.10.1977 (Exhibit-1A) issued in favour of plaintiff Sardar Singh and same is not part of way?

(f) Whether the admission and concessions available on record are not considered by the learned Courts below while deciding the suit?"

Admit. Issue notice to the respondent.

In the meanwhile, status quo, as it exists today in respect to

the property in dispute, shall remain stayed.

(KULDEEP MATHUR),J

86- Prashant/-

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