Land Dispute - High court decided matter on non-existent material

HEM SINGH Vs GIANOO 29.09.2010
DALVEER BHANDARI & DEEPAK VERMA, JJ.

Civil Appeal No. 2699 of 2002.

Land Dis­pute — respon­dents, aggrieved by order passed by learned Senior Sub Judge, Mandi, filed an appeal before Dis­trict Judge, Mandi — Mandi, on 25.9.1985 — appel­lants, aggrieved by order of Trial Court dated 25.9.1985, pre­ferred an appeal before Addi­tional Dis­trict Judge, Mandi — High Court vide its judg­ment dated 17.4.2000, set aside judg­ment and a decree passed by learned Addi­tional Dis­trict Judge, Mandi and allowed appeal — Whether suit land is pos­sessed by plain­tiffs to exclu­sion of defen­dants as alleged? — Whether defen­dants have acquired cus­tom­ary rights qua suit land as alleged? — afore­said obser­va­tions were erro­neously recorded by High Court — This find­ing of High Court is totally erro­neous — In com­pro­mise decree, as stated above, cus­tom­ary rights of defen­dants were not men­tioned — High Court has decided case on totally non-existent facts.

Land Dispute - High court decided matter on non-existent material