Minor in Live-In Relationship Deemed 'Child in Need of Care' by High Court, Protection Ordered Under Juvenile Justice Act Cheque Signed, Sealed, and Bounced – No Escape from Liability: Delhi High Court Right to Defend Includes Right to Inspect Documents: Calcutta High Court Overrules Trial Court's Rejection of Inspection Petition Court Cannot Tinker with Finalized Consolidation Scheme Under Section 42: Punjab and Haryana High Court Remarriage During Appeal Period is Risky, But Not Void: Andhra Pradesh High Court State Cannot Sleep Over Its Rights: Supreme Court Criticizes Odisha Government for Delayed Appeals in Pension Dispute “Both Hands Intact” Rule is a Relic of the Past: Supreme Court Grants MBBS Admission to Disabled Student Terminal Benefits and Family Pension Alone Do Not Bar Compassionate Appointment, But Financial Distress Must Be Proven – Supreme Court Cruelty Under Section 498A IPC Is Not Limited to Dowry Harassment: Supreme Court Right to Speedy Trial Cannot Be Defeated by Delay Tactics: Punjab & Haryana High Court Orders Fast-Tracking of Cheque Bounce Case Framing Charges Under Section 193 IPC Without Following Section 340 CrPC is Illegal: Calcutta High Court Doctrine of Part Performance Under Section 53-A TPA Not Applicable Without Proof of Possession: Andhra Pradesh High Court Mere Allegations of False Implication Cannot Override Strong Forensic and Documentary Evidence: Delhi High Court Upholds Conviction in Elderly Woman’s Murder and Robbery Case Applicant Not a Sexual Predator, Relationship Was Consensual: Bombay High Court Grants Bail in POCSO Case Fraudulent Transfers to Evade Creditors Cannot Escape Scrutiny: Punjab & Haryana High Court Restores Execution Petition Gujarat High Court Rules That Contractual Employees Cannot Claim Regularization of Services Serious Charges and Victim’s Suicide Justify Continued Detention: Gauhati High Court Denies Bail in POCSO Case No Permanent Establishment in India, Rejects Notional Income Taxation: Delhi High Court Rules in Favor of Nokia OY Statutory Bail Under NDPS Act Can Be Denied If FSL Report Reaches Court Before Bail Plea": Calcutta High Court Termination After Acquittal is Unjust: Bombay High Court Quashes Dismissal of Shikshan Sevak, Orders 50% Back Wages Denial of MBBS Seat Due to Administrative Lapses is Unacceptable": Andhra Pradesh High Court Awards ₹7 Lakh Compensation to Wronged Student Sessions Court Cannot Reclassify Non-Bailable Offences While Granting Anticipatory Bail: Allahabad High Court

judgments of the courts below were a result of complete misreading of the evidence – High Court Judgment Upheld: SC

07 May 2024 8:19 AM

By: Admin


In a significant development in the long-standing property dispute case between two brothers, the Supreme Court of India has upheld the High Court’s judgment in favor of the late Gurcharan Singh (the Respondent). The dispute centered around the alleged sale of a portion of inherited property by one of the brothers, Faqir Singh, to Gurcharan Singh.

The bench comprising Hon’ble Justice Sanjay Karol and Hon’ble Justice Abhay S. Oka pronounced their judgment on 24th July 2023, dismissing the appeals filed by the late Gurbachan Singh (the Appellant) and his legal representatives.

The court noted that Gurcharan Singh had purchased a piece of land measuring 4 marlas from Faqir Singh through a validly executed sale deed in 1978. The Appellant claimed that the sale was not valid, as Faqir Singh did not have exclusive title or possession over the property. However, the court found substantial evidence to prove the partition of the property by their father, Suchet Singh, during his lifetime. This evidence confirmed Gurcharan Singh’s rightful ownership and possession of the disputed property.

In its judgment, the court emphasized that Gurcharan Singh, being a co-sharer and owner of the property, had every right to protect his possession if established. The court stated, “The judgments of the courts below were a result of complete misreading of the evidence,” and upheld the High Court’s decision, declaring Gurcharan Singh as entitled to possession of the specific portion sold to him.

The Appellant’s contention that a co-share purchaser does not have a right to possession was deemed inapplicable in this case due to the evidence of property partition, and the court rejected the reliance on precedent that did not align with the present circumstances.

The judgment further clarified that in second appeals arising from Punjab or Haryana, courts are not required to frame substantial questions of law under Section 100 of the Civil Procedure Code, as Section 41 of the Punjab Courts Act, 1918 governs the jurisdiction. Therefore, the High Court’s judgment did not need to formulate substantial questions of law.

The court, while acknowledging the general restraint in interfering with findings of fact in second appeals, found justification in this case, as the lower courts had ignored material evidence relating to property partition.

The judgment is likely to put an end to the protracted legal battle and provide closure to the parties involved. With the High Court’s ruling upheld by the Supreme Court, Gurcharan Singh’s rightful ownership and possession of the disputed property stand confirmed.

Date of Decision: 24th July 2023

GURBACHAN SINGH (DEAD)    THROUGH LRS   vs GURCHARAN SINGH (DEAD) THROUGH LRS AND ORS.   

Similar News