Judicial Review Is Not A Substitute For Examiner’s Judgment: Delhi High Court Rejects DJSE Candidate’s Plea Over Alteration of Marks Part-Payments Extend Limitation - Each Payment Revives Limitation: Delhi High Court Non-Stamping Renders A Document Inadmissible, Not Void – Defect Is Curable Once Duty Is Paid: Punjab & Haryana High Court Upholds Specific Performance MP High Court Upholds Ladli Behna Yojana Criteria; Rules Registration Deadlines and Age Limits Fall Under Executive Domain Criminal Courts Are Not Recovery Agents: Orissa High Court Grants Bail in ₹3.5 Crore Land Fraud Cases Citing Article 21 and Terminal Illness 304 Part I IPC | Sudden Fight Between Brothers Over Mud House Construction: Jharkhand High Court Converts Murder Conviction To Culpable Homicide When Rape Fails, Section 450 Cannot Stand: Orissa High Court Acquits Accused of House-Trespass After Finding Relationship Consensual Concurrent Eviction Orders Will Not Be Reopened Under Article 227: Madras High Court Section 128 Contract Act | Surety’s Liability Is Co-Extensive: Kerala High Court Upholds Recovery from Guarantors’ Salary Custodial Interrogation Not Warranted When Offences Are Not Punishable With Death or Life: Karnataka High Court Grants Anticipatory Bail to Deputy Tahsildar in Land Records Case Order VIII Rules 3 & 5 CPC | Silence Is Admission: State’s Failure To Specifically Deny Hiring Amounts To Acceptance: JK HC Consumer | No Complete Deficiency In Service — Excess Rainfall Also To Blame: Supreme Court Halves Compensation In Groundnut Seed Crop Failure Case Development Cannot Override The Master Plan: Supreme Court Nullifies Cement Unit CLU In Agricultural Zone Negative Viscera Report Is Not a Passport to Acquittal: Madras High Court Confirms Life Term of Parents for Poisoning Mentally Retarded Daughter Observations Have Had a Demoralising and Chilling Effect: Allahabad High Court Judge Recuses from Bail Matter After Supreme Court’s Strong Remarks Controversial YouTube Remarks On ‘Black Magic Village’ Not A Crime: Gauhati High Court Quashes FIR Against Abhishek Kar “Failure To Specifically Deny Allegations Amounts To Admission”: J&K High Court Reiterates Law Under Order VIII CPC Section 293 Cr.P.C. Does Not Bar Examination of Expert When DNA Report Is Disputed: MP High Court Medical Evidence Trumps False Alibi: Allahabad HC Upholds Conviction In Matrimonial Murder Where Strangulation Was Masked By Post-Mortem Burning Helping Young Advocates Is Not A Favour – It Is A Need For A Better Justice System: Rajasthan High Court Section 82 Cr.P.C. | Mere Non-Appearance Does Not Ipsi Facto Establish Absconding: Punjab & Haryana High Court Sets Aside Order Declaring Student Abroad as Proclaimed Person

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.   

Latest Legal News