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Kuber Saithwar Ram Tahal Upadhia Vs. Guptai Saithwar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported inAIR1916All260(1); 35Ind.Cas.237
AppellantKuber Saithwar Ram Tahal Upadhia
RespondentGuptai Saithwar and ors.
Excerpt:
limitation act (ix of 1908), schedule i, article 182(5) - 'proper court', meaning of--step-in-aid of execution, when will save limitation--decree for possession, and for mesne profits and costs--subsequent transfer of jurisdiction--petition for execution--jurisdiction. - - -counsel for the respondents admits that the evidence of the naib tahsildar in this court is the best evidence available on either side......court is in the following words: --'counsel for the respondents admits that the evidence of the naib tahsildar in this court is the best evidence available on either side. it follows that the appeal must be decreed. the appeal is, therefore, decreed with costs.' the judgment does not comply with the requirements of the law. it does not set forth the matters in dispute between the parties, and it does not record any findings of the learned judge upon these matters. the report of a tahsildar or naib-tahsildar is only the result of the investigation mad by him and is only an expression of his opinion in the matter. that report alone cannot be the sole basis of a decision in regard to a question of title. the appeal before the lower appellate court not having been properly tried according.....
Judgment:

P.C. Banerji, J.

1. This case must go back to the lower Appellate Court for trial according to law. The judgment of that Court is in the following words: --'Counsel for the respondents admits that the evidence of the Naib Tahsildar in this Court is the best evidence available on either side. It follows that the appeal must be decreed. The appeal is, therefore, decreed with costs.' The judgment does not comply with the requirements of the law. It does not set forth the matters in dispute between the parties, and it does not record any findings of the learned Judge upon these matters. The report of a Tahsildar or Naib-Tahsildar is only the result of the investigation mad by him and is only an expression of his opinion in the matter. That report alone cannot be the sole basis of a decision in regard to a question of title. The appeal before the lower Appellate Court not having been properly tried according to law; I set aside the decree of that Court and remand the case to the lower Appellate Court with directions to re-admit it under its original number in the register and to dispose of it according to law. Costs here and hitherto will be costs in the Cause.


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