Thro’ vs Pruthvisinh on 8 February, 2011

   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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SA/167/2007	 1/ 1	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SECOND
APPEAL No. 167 of
2007 
 
=========================================================

 

FULSINH
DHULAJI RATHOD 

 

THRO'
POA KIRANSINH FULSINH RATHOD - Appellant(s)
 

Versus
 

PRUTHVISINH
FULSINH RATHOD & 1 - Defendant(s)
 

=========================================================
 
Appearance
: 
MR
DIPAK R DAVE for
Appellant 
None
for
Defendants 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

 HONOURABLE
			MS. JUSTICE R.M.DOSHIT   31st August, 2007.
		
	

 

 
ORAL
ORDER

Admit.

Following
substantial questions of law arise in this Appeal.

[1] Whether
on the facts and in the circumstances of the case, in absence of
any pleadings, the lower appellate Court has committed material
illegality in invoking Section 111 of the Indian Evidence Act in
holding that the plaintiff had failed to discharge the burden of
proof to have made the purchase of the suit land in good faith.

[2] Whether
on the facts and in the circumstances of the case, the lower
appellate Court has committed material illegality in laying the
burden of proof over the plaintiff to prove that he had not
received the payment of the land revenue from the defendant.

{Ms.

R.M Doshit, J.}

Prakash*

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