BABUDEEN v. CHAIRMAN, MUNICIPAL BOARD, BUNDI & Anr.
Case at a glance
Provisions considered
Key paragraphs
- Para 77. No substantial question of law is involved in this second appeal and the same is, accordingly, dismissed in limine. (NARENDRA KUMAR JAIN),J. /KKC/ [3] SB CIVIL SECOND APPEAL 275/2011 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER S.B.CIVIL MISC. STAY…
Judgment
HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Hemant Sharma, for the appellant. **** Heard the learned counsel for plaintiff/appellant.
Plaintiff's suit for permanent injunction in respect of disputed piece of land was dismissed by the trial Court and appeal preferred against that order, has also been dismissed, therefore, this second appeal has been preferred on behalf of plaintiff.
Submission of the learned counsel for appellant is that even as per finding of trial Court, the possession of plaintiff is proved as trespasser, therefore, without due process of law, they could not have been dispossessed by defendants.
I have considered the submissions of [2] SB CIVIL SECOND APPEAL 275/2011 the learned counsel for appellant in the light of finding recorded by both the Courts below.
During the course of arguments, a copy of plaint was referred by the learned counsel for appellant, which was filed on
27.05.2004. There is specific pleading in para 3 of the plaint that defendants gave a notice of seven days to plaintiff and that is a cause of action. This specific pleading clearly shows that defendants wanted to dispossess the plaintiff by adopting due process of law, therefore, it cannot be said that plaintiff is being dispossessed without due process of law.
The questions involved in the present case are relating to question of facts and there is concurrent finding of facts by both the Courts below, which cannot be interferred with by this Court in second appeal under Section 100 CPC.
No substantial question of law is involved in this second appeal and the same is, accordingly, dismissed in limine. (NARENDRA KUMAR JAIN),J. /KKC/ [3] SB CIVIL SECOND APPEAL 275/2011 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER S.B.CIVIL MISC. STAY APPLICATION NO.1326/2011 IN S.B. CIVIL SECOND APPEAL NO.275/2011 BABUDEEN Vs. CHAIRMAN, MUNICIPAL BOARD, BUNDI & ANR. DATE: 29.04.2011 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Hemant Sharma, for the appellant. **** Since the main appeal itself has been dismissed, therefore, this stay application does not survive and the same also stands dismissed. (NARENDRA KUMAR JAIN),J. /KKC/
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.