LAW FOR ALL

Remand to Trial court In our view, as both parties claim right to the suit property through VHBC Society by virtue of sale deeds in their favour, the High Court rather than relegating the appellants/defendants to file a fresh suit, it would have been in order if the High Court remitted the matter back to the trial court to resolve the dispute after trial. In our view, the High Court erred in dismissing the appeal and relegating the appellants/defendants to file a fresh suit. As both the parties are claiming right to the registered sale deed originating from VHBC Society and also claiming right of possession, in the interest of justice, the judgment of the High Court as well as the trial court are to be set aside and the matter remitted back to the trial court. Having regard to the rival contentions of the parties claiming to be in possession, it would be open to the trial court to appoint a Commissioner to get a report as to the location of the disputed sites both Site No.4307 and Site No.690 and their physical features and other relevant facts. It is also open to the trial court either on its own or on the application of either of the parties to summon the officials of the Vishwabharathi House Building Co-operative Society Limited and relevant documents for resolving the dispute between the parties. In the result, the impugned judgment of the High Court as well as the trial court is set aside and the matter is remitted to the trial court for consideration of the matter afresh. The appellants/defendants are directed to file their written statement within four weeks from today and the trial court is directed to afford sufficient opportunity to both the parties to adduce their evidence and proceed with the matter in accordance with law.