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MajaraddIn Kabiraj Vs. Majibar Rahaman Biswas and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in56Ind.Cas.248a
AppellantMajaraddIn Kabiraj
RespondentMajibar Rahaman Biswas and ors.
Excerpt:
appeal - finding of first court not concurred in by appellate court--duty of appellate court. - 1. it seems to us that the learned district judge did not arrive at an independent finding of his own upon the evidence on the record, but proceeded upon a misapprehension that the court of first instance had found that the price fetched at the sale was adequate, which was obviously due to a slip of the pan as a reading of the entire judgment will show. the learned judge apparently did not consider that he was reversing the finding of the munsif, as he merely says that he saw no reason not to accept the finding of the munsif. we think that in these circumstances the judge should come to an independent finding of his own upon the evidence on the record. the case is accordingly remanded to the lower appellate court for re hearing of the appeal. costs, one gold mohur, to abide the result.
Judgment:

1. It seems to us that the learned District Judge did not arrive at an independent finding of his own upon the evidence on the record, but proceeded upon a misapprehension that the Court of first instance had found that the price fetched at the sale was adequate, which was obviously due to a slip of the pan as a reading of the entire judgment will show. The learned Judge apparently did not consider that he was reversing the finding of the Munsif, as he merely says that he saw no reason not to accept the finding of the Munsif. We think that in these circumstances the Judge should come to an independent finding of his own upon the evidence on the record. The case is accordingly remanded to the lower Appellate Court for re hearing of the appeal. Costs, one gold mohur, to abide the result.


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