Session court appeal
Rahul
(Querist) 26 May 2018
This query is : Resolved
What point session court judges see to accept or deny the appeal in a property case
K Rajasekharan
(Expert) 27 May 2018
The appeal court - here Sessions Court – will carefully examine the issues decided by the trial court in the judgement in juxtaposition with the laws/rules governing them and if the appeal court finds infirmities in the decision of the trial court, the appeal will be allowed in favour of the appellant and if there is no infirmity, the appeal will be dismissed thereby retaining the trial court judgement in force.
Ms.Usha Kapoor
(Expert) 27 May 2018
I add to the above the sessions court in its appellate Jurisdiction will mainly reappreciate evidence and then decide.
Rahul
(Querist) 27 May 2018
Without stretching it further I just want all your senior opinions, what do you think? Points of appeal in an unregistered agreement to sell property case.
1- WHY DATE OF AGREEMENT AND DATE OF RECIEPT IS DIFFERENT AS BUYER SAYING IN HIS CAHARGE THAT PAYMENT MADE ON SAME DATE OF AGREEMENT???
2- BUYER WHO SPEND HIS LIFE WORKING IN BANK THEN WHY BUYER PAID WHOLE PAYMENT 50,00,000/- rs IN CASH.???
3- WHY PLANTIFF DIDNT GO FOR A REGISTER SALE DEED AS HE MADE FULL AND FINAL PAYMENT IN ONE SHOT.
If a middle class man buys a lcd tv he would be aware of everything for sure LIKE SCREEN SIZE. Company name. Price. And will compare price for 2-3 shops to tally. I WANT TO ASK EVERYONE OF YOU WITHOUT ANY LAWYER LANGUAGE JUST KEEP YOUR HAND ON YOUR HEART AND TELL
4- IS IT POSSIBLE A MIDDLE CLASS SERVICE MAN BUYS A PROPERTY BUT HAVE NO IDEA ABOUT THE SIZE OF THE PROPERTY????
5- IS IT POSSIBLE A MIDDLE CLASS SERVICE MAN BUYS A PROPERTY but don�t know the per sq feet rate of properly which is a base of calculating the total amount of property.
6- IS IT POSSIBLE A MIDDLE CLASS SERVICE MAN DONT CONSULAT A SINGLE PROPERTY DEALER TO MAKE SURE AND COMFIRMATION OF PROPERTY RATE. ?????
7-PROPERTY WHICH IS LOCATED IN A PRIME COMMERCIAL AREA, BUYERS CAN AVAILABLE IN MINUTES THEN WHY ANYONE SALE 2.15 CR PROPERTY IN 50 lac.
8- THE WITNESS NO-1 CROSS STATEMENT AND PLAINTIFF STATEMENT IS DIFFER FROM EACH OTHER.
9- THE ONLY INDEPENDENT WITNESS OF THE CASE DENY ANY SALE DEAL AND CONFIRMS THAT PLAINTIFF HIMSELF TOLD WIYNESS NO-2 THAT DEFENDANT TO SOME MONEY FROM PLAINTIFF ON INTEREST AND THIS PAPER WORK IS FORMALITY.
10- WHY NOT A SINGLE RUPEE PAYMENT MADE FROM THE BANK OF PLAINTIFF??
11- PLAINTIFF USING BLACK MONEY TO BUY A PROPERTY???
12- WHAT IS THE REASON OF NOT TAKING POSSESSION OF PROPERTY AFTER PAYING WHOLE AMOUNT IN ONE TIME.
13- A SINGLE RECEIPT OF 50 lac RUPEE?????
What all seniors think will it be enough to accept the appeal in session court??????
