"Smt. Taresh Gupta And Others vs Mukesh Kumar Gupta"
2022 Latest Caselaw 346 UK

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      22.02.2022                        SA No.3 of 2022
                                        Hon'ble Alok Kumar Verma, J.

This Second Appeal has been filed against the judgment and decree dated 06.10.2021, passed by the learned District Judge, Dehradun in Miscellaneous Case No.1121 of 2018, "Smt. Taresh Gupta and Others vs. Mukesh Kumar Gupta", whereby the damages, sought by the appellants/defendants in their counter claim, has been refused.

Heard Mr. Neeraj Garg, the learned counsel for the appellants.

The learned counsel for the appellants submitted that admittedly, the shop-in-question was purchased by the original defendant Mr. Swaraj Gupta (deceased). The learned counsel for the appellants further submitted that the case of the plaintiff is that the said shop was purchased from the income of the joint family business.

He further submitted that the plaintiff had sought relief to declare him owner of the said shop and, alternate, he also sought relief to declare him a tenant of the said shop.

The learned counsel for the appellants argued that these reliefs, sought by the plaintiff, were destructive and contradictory reliefs, therefore, the plaintiff cannot seek the said contradictory reliefs.

The Second Appeal is admitted on the following substantial question of law:-

Whether judgment of learned lower appellate court on the cross objections of defendants/appellants is in conformity with the spirit of Order 41 Rule 31 CPC without framing and deciding any point for determination regarding subject matter of cross objections, ignoring provisions of Order 41 Rule 22 CPC.

Issue notice to the respondents. Steps to be taken within a week. Post this case on 11.04.2022.

(Alok Kumar Verma, J.) 22.02.2022

Neha