Bikkar Singh vs Smt. Mohinder Kaur & Others on 28 August, 2009

   IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                 CHANDIGARH

                                RSA No.3744 of 2007
                                Decided on : 28.08.2009

Bikkar Singh                                    ... Appellant

                           versus

Smt. Mohinder Kaur & others                     ...Respondents

CORAM : HON'BLE MR. JUSTICE AJAY TEWARI

Present : Mr. A.K. Chopra, Sr. Advocate
          with Mr. Harminder Singh, Advocate
          for the appellant.

           Mr. M.S. Khaira, Sr. Advocate
           with Mr. Dharminder Singh, Advocate
           for respondents.
                               ****
1.Whether Reporters of local newspapers may be allowed to see
  the judgment?
2.To be referred to the reporters or not?
3.Whether the judgment should be reported in the Digest?

AJAY TEWARI, J. (ORAL)

This order shall dispose of RSA Nos.3744, 3745, 3746

& 3747 of 2007 as common questions of facts and law are

involved.

This appeal has been filed against the concurrent

judgments of the Courts below decreeing the suit of the

respondents. Learned counsel has raised one preliminary legal

argument viz that even though there were as many as 10 issues

and the learned Lower Appellate Court has elaborately discussed

the contentions of the parties yet while deciding the appeal,

findings have been recorded only on one issue viz whether

Chhinder Kaur’s estate had enlarged into ownership. I find this is

deemed so. The learned Lower Appellate Court has noticed as
RSA No.3744 of 2007 -2-

many as five contentions on behalf of the appellant in paragraphs

No.7,8,12, 13 & 15. He likewise recorded the separate

contentions of the respondents in paragraphs No.16, 17, 18, 20 &

23. In paragraph No.24, he has recorded his findings on the

issue of enlargement of the estate of Chhinder Kaur. In the

concluding paragraphs, he has just upheld the findings of the

Trial Court on all the remaining issues.

In my opinion, it was not open to the learned Lower

Appellate Court to comment on diverse findings on diverse issues

in such an omnibus manner. Consequently, I set aside the

judgement and decree dated 01.08.2007 and remand the matter

back to the learned Lower Appellate Court for fresh decision.

Registry is directed to transmit the records of the

Courts below back to the Lower Appellate Court. Parties are

directed through their counsel to appear before the Lower

Appellate Court on 27.10.2009.

August 28, 2009                            (AJAY TEWARI)
sonia                                          JUDGE