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Shankar Mahto vs Basant Devi on 23 July, 2024 cites

Municipal Committee, Hoshiarpur vs Punjab State Electricity Board & Ors on 19 October, 2010

15 Under such overwhelming evidence, this Court is of the considered view that the learned first appellate court has not recorded any illegal finding while reversing the judgment of the learned trial court in respect of the issue no. (6); as only because the suit land was not shown in the return as bakasht land and the same is only a revenue entry cannot obliterate the surrender by the registered Second Appeal No. 108 of 2020 10 instrument made by the ancestors of the defendants nor can extinguish the right and title accrued to the plaintiffs by execution of the sale deed in their favour. Thus, this Court has no hesitation in answering the first substantial question of law in the negative. 16 So far as the second substantial question of law is concerned, it is a settled principle of law that the perversity so far as it relates to the interfering with the finding of facts by the High Court in exercise of the jurisdiction under Section 100 and 104 of the Code of Civil Procedure, that if a finding of fact is arrived at by ignoring or excluding the relevant materials or by taking into consideration the irrelevant material or if the finding, so outrageously defies the logic as to suffer from the vice of irrationality incurring the blame of being perverse, then the finding is rendered infirm in the eyes of law or if the finding of the court is based on no evidence or evidence, which is thoroughly unreliable or the evidence that suffers from the vice of procedural irregularity or the findings are such that no reasonable person, would have arrived at those findings then the findings may be said to be perverse, as has been held by the Hon'ble Supreme Court of India in the case of Municipal Committee, Hoshiarpur vs. Punjab State Electricity Board & Ors. reported in (2010) 13 SCC 216, para 28 of which reads as under :-
Supreme Court of India Cites 38 - Cited by 132 - B S Chauhan - Full Document
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