Case Note & Summary
The appellants, as plaintiffs, instituted Special Civil Suit No.72 of 2014 seeking possession of suit lands. They claimed that vide two agreements dated 19th April 2001 and 7th December 2001, they had agreed to sell the suit lands to the defendants on distinct terms and conditions. Possession of the lands was handed over to the defendants. The plaintiffs alleged breach of agreement terms and unauthorized construction, seeking a decree of possession. The defendants filed a counter-claim seeking specific performance of the agreements. The Trial Court dismissed the suit and decreed the counter-claim. The Appellate Court confirmed the decree on 4th December 2009. Aggrieved, the plaintiffs preferred a second appeal. The High Court, after hearing counsel, found that the courts below had concurrently held that the plaintiffs failed to prove breach and that the defendants were entitled to specific performance. The High Court noted that no substantial question of law arose and dismissed the appeal, upholding the concurrent findings.
Headnote
A) Civil Procedure - Second Appeal - Concurrent Findings - Section 100 Code of Civil Procedure, 1908 - The appellants challenged concurrent findings of fact in a second appeal. The High Court held that no substantial question of law arose and dismissed the appeal, affirming that concurrent findings cannot be interfered with unless perverse or based on no evidence. (Paras 1-4) B) Contract Law - Specific Performance - Agreement to Sell - The respondents sought specific performance of agreements dated 19th April 2001 and 7th December 2001. The courts below decreed the counter-claim for specific performance, which was upheld in appeal. (Paras 2-4)
Issue of Consideration
Whether the concurrent findings of fact recorded by the courts below warrant interference in a second appeal under Section 100 of the Code of Civil Procedure, 1908.
Final Decision
Second Appeal dismissed. Interim Application disposed of. No order as to costs.
Law Points
- Concurrent findings of fact
- Second appeal jurisdiction
- Section 100 CPC
- Substantial question of law
- Specific performance
- Possession suit
