High CourtDivision BenchAppeal dismissed.

POORAN CHANDRA JOSHI & ORS. v. BISWAN CHANDRA HARRIS (DEAD) BY L.RS.

Case / Petition Number:Civil Appeal No. 6138 of 2009
Neutral Citation:[2017] 7 S.C.R. 348

Case Details & Bench

Court
High Court
Hon'ble Judges
  • R. Banumathi
  • A. M. Khanwilkar
Judgment Date
2017-07-03
Court Decision / Holding
Appeal dismissed with no order as to costs.
Final Disposition
Appeal dismissed.

Parties to the Case

Appellants / Petitioners

  • Pooran Chandra Joshi & Ors.

Respondents

  • Biswan Chandra Harris (dead) by LRs.

Legal Representation & Advocates

Counsels for Petitioners

  • • Shrish Kumar Misra
  • • Ayush Negi

Counsels for Respondents

  • • E. C. Agrawala
  • • Ms. Lalita Kohli
  • • Abhinav Agrawal

Case Synopsis & Summary

This Civil Appeal No. 6138 of 2009 arises from a Second Appeal in the Uttaranchal High Court concerning rent control and eviction, centered on a gift deed dated 31 May 1949. The appellants, Pooran Chandra Joshi and others, challenge the High Court's findings with respect to occupancy and title under the deed. The matter is linked to a companion appeal, Civil Appeal No. 6139 of 2009, which addresses merits on identical issues and the same gift deed. The Supreme Court notes that the two appeals are intertwined, and on the merits of the selfsame deed, the questions of title, possession and the gift deed's effect on eviction proceed, are essentially the same in both matters. In view of the judgment in the companion appeal, the Court holds that for the same reasons this appeal must fail. Consequently, the appeal is dismissed with no order as to costs, effectively affirming the High Court’s decision. The judgment is delivered by Justice A. M. Khanwilkar, with Justice R. Banumathi concurring. The appellants are represented by Shrish Kumar Misra and Ayush Negi; the respondents by E. C. Agrawala, Ms. Lalita Kohli, and Abhinav Agrawal, also noting the instruction for Mis. Manoj Swarup & Co.

Submissions & Arguments

Contentions of Appellants / Petitioners

The document excerpt does not spell out the full pleadings of the appellants. It indicates that the appeal concerns the selfsame gift deed dated 31 May 1949 and related occupancy/possession issues under rent-control, and that the companion appeal has dealt with the merits on identical questions.

Contentions of Respondents

The respondents rely on the companion appeal’s resolution of the merits on identical issues and gift deed, urging dismissal of the present appeal and affirming the lower court’s ruling.

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Extracted Judgment Text

Exact text extracted from official judgment records.

[2017] 7 S.C.R. 348 A ## POORAN CHANDRA JOSHI & ORS. v. BISWAN CHANDRA HARRIS (DEAD) BY L.RS. (Civil Appeal No. 6138 ofZ009) B JULY 03,2017 **[R. BANUMATHI AND A. M. KHANWILKAR, JJ.)** _Rent Control and Eviction_ - _Judgment reported in [2017)7 SCR 326 in companion Civil Appeal Nos. 6139 of 2009 on merits of_ C _the issues dealing with the selfsame gift deed dated 31.05.1949, which is also the subject matter of the present appeal -Accordingly, present_ appea~ _also dismissed._ CIVIL APPELLATE JURISDICTION : Civil Appeal No. 6138 of 2009. D From the Judgment and Order dated 16.052007 of the High Court ofUttaranchal at Nainital in Second Appeal No. 882 of2001. Shrish Kumar Misra, Ayush Negi, Advs. for the Appellants. E E. C. Agrawala, Ms. Lalita Kohli, Abhinav Agrawal, Ms. Lalita Kohli (For Mis. Manoj Swarup & Co.), Advs. for the Respondents. The Judgment of the Court was delivered by **A. M. KHANWILKAR, J.** In view of the judgment in the companion civil appeal bearing Civil Appeal No. 6139 of2009 on merits of the issues dealing with the selfsame gift deed dated 31.05 .1949, which F is also the subject matter of the present appeal, for the same reasons even this appeal must fail and the same is, therefore, dismissed with no order as to costs. Devika Gujral Appeal dismissed. 348