Supreme Court of India
Bhagwan Sarup Nagar (d) by Lrs v. Ram Kishan
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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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