Case Note & Summary
The dispute arose from a property claim involving Ramchandra Pandurang Sonar and his heirs against Murlidhar Ramchandra Sonar and others. The parties were brothers who had a partition in 1918, where Ramchandra received two houses and land in Survey No. 71. A suit was initiated by one of Ramchandra's sons claiming that Survey No. 71 was ancestral property, while the defendants contended it was self-acquired. The Trial Court ruled in favor of the plaintiff, but the First Appellate Court dismissed the suit except for the ancestral houses, concluding that the other properties were self-acquired. After Ramchandra's death, the plaintiff appealed to the High Court, which reversed the First Appellate Court's findings, declaring Survey No. 71 as ancestral property. The defendants appealed to the Supreme Court, which found that the High Court had erred in law by interfering with a finding of fact without a substantial question of law being formulated. The Supreme Court reinstated the First Appellate Court's decree, emphasizing that the High Court's interference was unjustified and did not adhere to the provisions of Section 100 of the Code of Civil Procedure. The court did not impose costs due to the familial relationship of the parties.
Headnote
A) Civil Procedure - Second Appeal - Interference by High Court - High Court erred in interfering with findings of fact - Code of Civil Procedure, 1908, Section 100 - The High Court interfered with the First Appellate Court's findings without formulating a substantial question of law, violating mandatory provisions of Section 100 CPC. Held that the High Court's interference was unjustified (Paras 1-1).
Issue of Consideration
Whether the High Court erred in interfering with the findings of fact recorded by the First Appellate Court in a second appeal.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's decision, and restored the decree of the First Appellate Court, stating that the High Court had erred in law by interfering without a substantial question of law being formulated.
Law Points
- Second appeal
- finding of fact
- interference by High Court
- Section 100 CPC
- ancestral property
- self-acquired property
