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| HC allows tenant's appeal, remands case to trial court | | | Early Times Report
Jammu, May 16: High court judge D S Thakur today allowed an appeal filed by a tenant and sent the case back to the trial court while holding 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 its decision.
Counsel for the petitioner submitted that appeal was a matter of right and the appellate court must appreciate and give his finding with respect to each and every witness and evidence on record. But in this case, the appellate court had rendered the decision on the basis of facts only which were reflected in the judgment of the trial court.
Justice Thakur, after hearing the counsel, accepted the appeal and held that the appellate court was the last court of facts and had to appreciate the evidence independently to give finding to that aspect.
He said the court relied upon the judgment of Supreme Court and held that the appellate court judgement 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 a decision.
The court accepted the appeal filed by the tenant and remanded the case to the district court. (JNF) |
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