Case Note & Summary
The Supreme Court dealt with a civil appeal arising by special leave against the judgment of the High Court of Allahabad in Second Appeal No.977/72 dated April 2, 1975. The dispute concerned a house constructed on plot No.184 of G.Toula, which had been allotted by the Allahabad Improvement Trust to Kesho Lal in 1948. Kesho Lal had initially filed Suit No.69/58 for a declaration that he was the sole owner of the house and for possession from his brother Shyam Lal and his mother. In those proceedings, the High Court by judgment dated May 11, 1966 held that the house was built from joint family funds, that the parties were in occupation of different portions, and that any party seeking division must file a separate suit for partition. The direction for partition was struck off from the decree, and parties were left to joint possession. Subsequently, Kesho Lal filed a suit for partition in the First Additional Munsiff Court at Allahabad. The trial court decreed the suit. On appeal in CA No.409/70, the appellate court allowed damages of Rs.600 but dismissed the suit regarding recovery of possession and removal of material. The High Court, in the impugned judgment, held that the constructions at points A,B,C,D and E,F,G,H were made subsequent to the earlier High Court judgment and accordingly granted a decree in favour of the plaintiff-respondents. The appellants then approached the Supreme Court. The appellant argued that the High Court's finding about the timing of the constructions was incorrect. The Supreme Court observed that this was a finding of fact based on appreciation of evidence by all the courts below, and therefore no interference was called for. The appeal was dismissed without costs. The Court noted a suggestion by the appellant's counsel that adjustments might be thought out between the parties since the appellants were in possession, and clarified that the order did not preclude such adjustment. The decision affirmed the concurrent factual findings of the courts below and reinforced the principle that factual determinations based on evidence should not be disturbed in special leave jurisdiction unless there is a clear error.
Headnote
A) Civil Procedure - Special Leave Petition - Scope of Interference with Concurrent Findings of Fact - Not mentioned - The Supreme Court refused to interfere with High Court's factual finding that constructions at points A,B,C,D,E,F,G,H were made subsequent to the earlier High Court judgment because it was a finding of fact based on appreciation of evidence by all courts below. Held that no case for interference was made out, and the appeal was dismissed without costs. B) Partition - Joint Family Property - Separate Suit for Partition - Not mentioned - Earlier High Court judgment in prior suit held that the house was built from joint family funds and parties were left in possession of respective portions; if any party wanted division, they had to file a separate partition suit. That direction led to the present partition suit. Held that the subsequent suit was correctly filed and the lower courts' concurrent findings were upheld.
Issue of Consideration
Whether the High Court's finding that constructions at A,B,C,D,E,F,G,H were made subsequent to the earlier judgment was correct and whether the Supreme Court should interfere with such a finding of fact in special leave appeal.
Final Decision
The Supreme Court dismissed the appeal without costs. It held that the High Court's finding about the timing of constructions was a finding of fact based on appreciation of evidence by all courts, and no case for interference was made out. The Court noted the suggestion for possible adjustment between parties and stated that the order did not preclude such adjustment.
Law Points
- Finding of fact based on appreciation of evidence by all courts below should not be interfered with in special leave jurisdiction
- Concurrent findings of fact are binding on Supreme Court
- Party seeking partition must file separate suit as per earlier decree
- Joint family property
- Possession of different portions
