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Mohdinsa Nabisa Gurikar (D) By LRs v. Imamsa Chandas Gurikar (D) By LRs & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 67 of 2016)Decided 4 Jan 2016
Civil Appeal No. 67 of 2016
Justice Anil R. Dave · Justice Adarsh Kumar Goel

Background

This order sends the case back; it does not decide the dispute. The dispute concerned re-granted land and an alleged family partition. The High Court had framed two questions: whether the re-grant was meant to benefit the families of both the appellants and the defendants or only the defendants, and whether there had been an earlier partition in the presence of village elders.

Decision Breakdown

This is not a final decision on the dispute. The Court noted that the High Court had recorded no clear finding on either question. Without expressing any view on the merits, it set aside the High Court's order and sent the entire matter back to the High Court for a fresh decision in accordance with law. The parties were directed to appear there on 1 February 2016.

Lesson Learnt

There is no final ruling yet on who is entitled to the land. A court that frames questions for decision must record clear findings on them.

Official source (sci.gov.in)View Judgment (PDF)

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