Case: U. Manjunath Rao Vs. U. Chandrashekar

2. The narration of facts as is evincible from the impugned judgment are that the first defendant was aggrieved as he was directed by the trial Court to execute a rectification deed in respect of property description No. 2 inin the partition deed dated 01.04.1981 which was registered on 28.07.1981 and brought on record asand further granted permanent injunction restraining the defendants from interfering with the possession of the plaintiff in respect of the property in question. It was contended before the High Court that the trial Court had erred in law in decreeing the suit as the registered deed of partition had not been proved in accordance with law and further the schedule property formed part of the joint family property. That apart, it was urged that the said property was purchased by the defendant No. 1 from his own sources and his name had been recorded in the record of rights and there was no material on record to come to a conclusion that there existed a joint family which possessed sufficient nucleus to purchase the schedule property. A ground was taken that the partition deed had not seen the light of the day for more than 22 years and when its genuineness was questioned on the basis of materials brought on record, the said issue had not been appositely addressed.3. The High Court, as the impugned judgment reveals, noted some of the contentions and posed the question whether the trial Court was justified in directing the defendants to execute a rectification deed to correct the error in stating the site number in the partition deed dated 01.04.1981 marked in evidence as Ex.It took note of the fact that in the said partition deed site No. 25, which was allotted to the plaintiff, was erroneously described as site No. 35 and hence, relief of the rectification of the error in the deed had been granted by the trial Court. Thereafter the learned single Judge, as is vivid, copiously quoted from the judgment of the trial Court and held that he did not find any infirmities in the findings recorded by the trial Court and certain documents brought on record showed that the plaintiff was in possession of the site No. 25. On the aforesaid basis, the High Court dismissed the appeal preferred by the defendant No. 1.4. Despite service of notice, there has been no appearance on behalf of the respondents.

Reasoning: 6. To appreciate the submissions of Mr. Hegde, we have perused the impugned judgment passed by the High Court. It is clearly demonstrable that the High Court has neither analysed the evidence brought on record nor has it answered the issues raised in law. Stating the facts and thereafter reproducing few passages from the trial Court and ultimately referring to certain exhibited documents in a cryptic manner, we are disposed to think, will not convert an unreasoned judgment to a reasoned one. In fact, as we notice, the learned Judge has posed the question about the defensibility of the ultimate direction by the trial Court and thereafter proceeded to quote paragraphs from the trial Court judgment. Posing a question which is relevant for adjudication of the appeal is not enough. There has to have been proper analysis of the same. That apart, there are other issues they deserved to be dealt with. Therefore, the obvious conclusion is that the judgment passed by the High Court is not a reasonedpurpose of referring to the said decision is to highlight the responsibility cast on the first appellate court or a court hearing the firstin the first appeal the parties have right to be heard both on the questions of facts as well as on law and the first appellate court is required to address itself to all the aspects and decide the case by ascribing reasons.On a perusal of the said Rule, it is quite clear that the judgment of the appellate court has to state the reasons for the decision. It is necessary to make it clear that the approach of the first appellate court while affirming the judgment of the trial Court and reversing the same is founded on different parameters as per the judgments of this Court. In Girijanandini Devi (supra), the Court ruled that while agreeing with the view of the trial court on the evidence, it is not necessary to restate the effect of the evidence or reiterate the reasons given by the trial court. Expression of general agreement with reasons given in the trial court judgment which is under appeal should ordinarily suffice. The same has been accepted by anotherBench in Santosh Hazari (supra). However, while stating the law, the Court has opined that expression of general agreement with the findings recorded in the judgment under appeal should not be a device or camouflage to be adopted by the appellate court for shirking the duty cast on it. We are disposed to think, the expression of the said opinion has to be understood in proper perspective. By no stretch of imagination it can be stated that the first appellate court can quote passages from the trial court judgment and thereafter pen few lines and express the view that there is no reason to differ with the trial Court judgment. That is not the statement of law expressed by the Court. The statement of law made in Santosh Hazari (supra) has to be borne in mind.In the case at hand, as we have noted earlier, the learned Judge has really not ascribed any reason. There has been no analysis of facts or law. There is no discussion with regard to the points urged. While agreeing with the general approval of reasons to support the conclusions of the judgment in appeal, the High Court has to keep in view the language employed in Order XLI Rule 31 CPC and the view expressed in Santosh Hazari (supra). Analysis and reason are to be manifest. When that is not done, needless to say, the judgment of the High Court becomes indefensible.