ISHWARBHAI NAGJIBHAI KALASAVA Vs. VEJPUR GROUP GRAM PANCHAYAT

JUDGEMENT

(1.) THE present Second Appeal has been filed under Section 100 of the Civil Procedure Code by the appellant-original plaintiff raising only grounds as set out in the memo of appeal without even framing any substantial questions of law, which can be said to have been posed for consideration of this Court.

(2.) LEARNED counsel, Mr.Modi, however, submitted that he is not claiming the right, title or interest but is claiming the possession of the disputed land and, therefore, he has sought to challenge the concurrent findings of both the Courts below.

(3.) IT is well settled in view of the fact that the scope of Second Appeal under Section 100 of the Civil Procedure Code is very limited and unless there is a substantial questions of law involved, the Court should not entertain. As there is no substantial questions of law posed or even involved, the present Second Appeal cannot be entertained in light of the settled legal position as laid down by the Hon'ble Apex Court in a judgments reported in AIR 2006 SC 2172 in case of Mst. Sugani V/s Rameshwar Das & Anr., (2007)1 SCC 546 in case of Gurdev Kaur & Ors. V/s Kaki & Ors. and (2009)5 SCC 264 in case of Narayanan Rajendran & Anr. V/s Lekshmy Sarojini & Ors.