Kamta Singh & Ors. Vs. State of Bihar & Ors.
EmailAppeal: Civil Appeal No. 1014 of 2000
(Arising out of S.L.P. (C) No. 2973/1999)
(Arising out of S.L.P. (C) No. 2973/1999)
Petitioner: Kamta Singh & Ors.
Respondent: State of Bihar & Ors.
Apeal: Civil Appeal No. 1014 of 2000
(Arising out of S.L.P. (C) No. 2973/1999)
(Arising out of S.L.P. (C) No. 2973/1999)
Judges: S. SAGHIR AHMAD & R.P. SETHI, JJ.
Date of Judgment: Nov 02, 2000
Head Note:
Constitution
Article 226 – Writ – Maintainability – Question involving title to property – Single Judge dismissing writ with direction to appellants to approach Civil Court for relief – Letter Patent Appeal – Court dismissing appeal with positive finding on the question of title. Held on SLP that finding on question of title cannot be recorded unless full evidence was brought on record. Appeal allowed with direction to appellant to seek remedy in Civil Court.
JUDGEMENT:
ORDER
1. Leave granted.
2. The appellants’ writ petition was disposed of by the learned Single Judge of the High Court with the observations that since the writ petition involved disputed question of title, the ap-pellants may approach the Civil Court for appropriate relief. Unfortunately, the appellants filed an L.P.A. against the judg-ment of the Single Judge. The learned Judges dismissed the L.P.A. with a positive finding on the question of title which, in the circumstances of the case, could not have been recorded unless full evidence was brought on record.
3. Consequently, we allow this appeal at the initial stage, as the respondents are represented before us and we have heard their counsel. The order passed by the Division Bench is set aside and the appellants are directed to seek their remedy in the Civil Court in respect of the property in question, if they are so advised.
1. Leave granted.
2. The appellants’ writ petition was disposed of by the learned Single Judge of the High Court with the observations that since the writ petition involved disputed question of title, the ap-pellants may approach the Civil Court for appropriate relief. Unfortunately, the appellants filed an L.P.A. against the judg-ment of the Single Judge. The learned Judges dismissed the L.P.A. with a positive finding on the question of title which, in the circumstances of the case, could not have been recorded unless full evidence was brought on record.
3. Consequently, we allow this appeal at the initial stage, as the respondents are represented before us and we have heard their counsel. The order passed by the Division Bench is set aside and the appellants are directed to seek their remedy in the Civil Court in respect of the property in question, if they are so advised.
