Supreme Court of India

Bhagwan Sarup Nagar (d) by Lrs v. Ram Kishan

Neutral citation
Bench Dr. Arijit Pasayat and Dr. Mukundakam Sharma JJ.
Decided 16 January 2009

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the view that the second appeal needs to be heard afresh by the High Court.

Judgment, page 5

From the headnote

Code of Civil Procedure, 1908- $. 100- Second appeal - Case of plaintiff-owner that defendant-licensee not vacating c property despite revocation of licence - Suit for injunction, possession of property and mesne profits by plaintiff - Plea of adverse possession by defendant - Dismissal of suit even though holding that plaintiff as owner of property - Suit decreed in favour of plaintiff by first appellate court - Second appeal - Allowed by High Court holding that plaintiff failed to prove his ownership - On appeal held: Conclusions of High Court erroneous - It proceeded as if first appellate…

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