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