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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2024 (@ SLP(C) No.3945/2015)
LISHA APPELLANT(S)
VERSUS SMITHA.C & ANR. RESPONDENT(S)
O R D E R
1. Leave granted.
2. The appeal lies in a very narrow compass. This is against
the order of remittal made by the High Court while making
certain observations both on fact and law.
3. Learned senior counsel appearing for the appellant
submitted that the High Court ought not to have made some
observations on facts and also on the issue of law,
especially, after making decision to remand the matter
back to the Land Tribunal.
4. We find force in the submissions made by learned senior
counsel for the appellant. It is for the Land Tribunal to
appreciate the evidence put forth by the parties and make
a factual adjudication.
5. In such view of the matter, the Land Tribunal shall not be
influenced by the observations made by the High Court in
the impugned judgment. Similarly, the Land Tribunal shall
consider the application of law and the two judgments
noted by the High Court after considering the facts and
circumstances of the case. Suffice it is to state that the
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observations made by the High Court cannot be construed as
a direction and therefore it will not have any bearing on
the Land Tribunal which is at liberty to decide bot...