The Supreme Court has rendered a ruling emphasizing the meticulous documentation of findings by First Appellate Courts. The case in question stemmed from an appeal challenging the High Court's reversal of a Trial Court's judgment. Justices Vikram Nath and Rajesh Bindal, comprising the bench, underscored the obligation of the First Appellate Court to comprehensively address both legal and factual issues, meticulously considering presented evidence, whether oral or documentary.

The crux of the dispute involved the property initially acquired by Kallu Bhai from Amanat Ali, registered in the name of his nephew, Mohd. Jafar. Legal complexities unfolded following Kallu Bhai's demise, involving parties such as Bashirun Nisha and Syed Mohd. Hasan, the latter emerging as a relevant party due to his residence with Kallu Bhai post his mother's passing.

In 1975, Mohd. Jafar entered an agreement to sell the property to Raza Hussain, a transaction officially registered in November of the same year. Legal proceedings commenced in 1977 when Raza Hussain sought possession of the property and claimed damages against Syed Mohd. Hasan. The Trial Court ruled in favor of Raza Hussain in 1995, but the High Court overturned this decision in the initial appeal, centering the dispute on the validity of the sale deed versus the argument for adverse possession.

The Supreme Court, upon reviewing the case, noted the Appellants' contention that the High Court failed to adequately discuss evidence on record and cast doubt on the sale deed without proper reasoning. The bench highlighted the High Court's suspicion regarding the vendor's signatures, particularly the variance observed in the agreement to sell and the sale deed. The Court criticized the High Court for overlooking testimony from a witness present during the registration process and the handwriting expert's conclusion suggesting distinct individuals executed various signatures.

Moreover, the Supreme Court drew attention to the High Court's neglect of pertinent material related to eviction measures following the property purchase. Emphasizing the importance of addressing all issues with reasons, especially in a first appeal, the bench expressed dissatisfaction with the High Court's handling of the case.

In response to these concerns and identified lapses in the High Court's evaluation, the Supreme Court granted approval to the appeal. Consequently, the contested order was nullified, and the matter was remanded to the High Court for a renewed and comprehensive review. This landmark decision serves as a precedent, highlighting the critical role of thorough and well-documented findings by First Appellate Courts in ensuring a just and reasoned judicial process.

Case: Sabir Hussain (Dead) Thr. Lrs. And Ors. v Syed Mohammad Hassan (Dead) Thr. Lrs. And Anr,

Civil Appeal No(s). 5049/2009.

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