VidhiSangh

Supreme Court of India · 21/09/2021

MATADIN SURAJMAL RAJORIA (DECEASED) THROUGH SOLE LEGATEE LALITA SATYANARAYAN KHANDELAWAL versus RAMDWAR MAHAVIR PANDE (DEAD) THR. LRS. & ORS.

[2021] 6 S.C.R. 232 · 2021 INSC 518

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Summary

The Court set aside dismissal of the second appeal and remitted it to the High Court for a finding on the substantial question it had framed after a court-directed survey. The High Court had endorsed the earlier findings without resolving the fresh evidence of a mismatch between defendants’ occupied area and their sale deeds. The purchaser’s prior knowledge of occupation also required assessment against that evidence. No final determination of title or encroachment was made; disposal was requested expeditiously, preferably within six months of receipt.

Issues

  1. Whether the High Court could dismiss the second appeal without deciding the substantial question framed in light of the court-appointed surveyor’s evidence.

Held

Result

Appeal allowed without costs; second appeal remanded to the High Court to decide the specified substantial question, preferably within six months of receipt. No final title or encroachment determination.

Judgment PDF: Supreme Court of India, [2021] 6 S.C.R. 232.