2004 (7) TMI 704

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..... s well as the abadi as shown in the plaint. The plaintiff alleged that the defendant No. 2 is the Pradhan of the village and wanted to allot the disputed land to the defendant No. 1. 2. The defendant No. 1 filed his written statement and contended that he had no concern with the land of the plaintiff and that he had been allotted 250 sq. yards from plot No. 460 which is adjacent to the plots of the plaintiff. The defendant contended that the plot of the defendant is different from the plots of the plaintiff. 3. On the basis of the pleadings and evidence lead by the parties, the trial Court decreed the suit and restrained the defendants from interfering in the possession of the plaintiff over plots No. 463 to 468 and the abadi. The tri .....

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..... ts is entitled; and shall at the time that it is pronounced be signed and dated by the Judge or by the Judges concurring therein. 7. The provisions of Order 41, Rule 31 of the Code of Civil Procedure are mandatory. The first appellate Court while delivering the judgment is required to set out the points for determination, record the decision thereof and give its own reasons for the said decision. Looking at the plain language of the section, it is clear that failure to comply with this provision would not be a mere irregularity but would render the judgment nugatory. The first appellate Court being the last fact finding Court cannot run away from its onerous duties of recording the finding of fact and discussing the evidence and reco .....

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..... nding of various issues framed by the trial Court has allowed the appeal on the ground that the plaintiff had failed to establish that the disputed land belonged to him. This finding given by the appellate Court, in my opinion, is based on no reason or evidence. The appellate Court has omitted to take stock of the entire material and failed to take a cumulative view from the material evidence on record. 10. Thus, the judgment of the appellate Court cannot be sustained and has to be set aside. Since, a finding on various Issues which are based on facts are required to be given, there is no alternative but to remand the matter back to the first appellate Court with certain directions. Accordingly, the second appeal is allowed. The judgment .....

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