Tulshi Prasad Gupta vs Muni Gupta And Ors

Bhaskar Raj Pradhan, J

On 04.04.2022, this Court had framed one substantial question of law in the present regular second appeal. The question of law was “Whether in arriving in its findings, the Judgment of the Learned First Appellate Court ignored material evidence on record?” During the course of the hearing thereafter it does transpire that it may be relevant to frame additional question of law.

Learned Senior Counsel representing the appellant has suggested a substantial question of law which seems relevant, i.e., “Whether the allotment of the shop in the government premises confers title of the property to the allottee?”

Accordingly, this Court is of the view that this substantial question of law is also important to be considered and decided.

While focusing on the first question of law framed on 04.04.2022, it may perhaps be relevant to consider not only whether the First Appellate Court ignored material evidence on record but also whether the material evidence on record was misconstrued. The first substantial question of law is accordingly modified.

List this matter for consideration on 09.04.2026.