The Bold Voice of J&K

HC allows appeal filed by tenant, remands case back to trial court

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JAMMU: Justice D.S.Thakur of J&K High Court ,Jammu while allowing the appeal of Ravi Kumar and others who were the tenants has held that the decision rendered by the First Appellate Court was only on the basis of the facts and law as was reflected in the judgment of the Trial Court without, at all, going through the actual evidence on record. Senior Advocate S.S.Lehar submitted before the Court that appeal is the matter of right and the appellate Court must appreciate and give its finding with respect to each and every witness and evidence on record. But in this case, Appellate Court had rendered the decision on the basis of facts only which were as reflected in the judgment of the Trial Court.
Justice D.S.Thakur after hearing Senior Advocate S.S.Lehar accepted the appeal of the appellant and held that the appellate Court is the last Court of Facts and has to appreciate the evidence independently and to give finding to that aspect. Further Court relied upon the judgment passed by the Supreme Court and held that the Judgment of the appellate Court must, reflect its conscience application of mind and record the findings supported by reasons on all the issues arising along with the contentions put forth and pressed by the parties for decision of the appellate Court while sitting as a Court of Appeal. After hearing S.S.Lehar, Sr.Advocate, High Court accepted the appeal filed by the tenant and remanded the case to the District Court.

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