Case Note & Summary
The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, arises from a suit for declaration of title and possession filed by the appellants (original plaintiffs) against the respondents (defendants) in respect of certain immovable property. The trial court dismissed the suit, and the first appellate court confirmed the dismissal. The appellants then filed this second appeal. The High Court, after hearing the learned counsel for the appellants, noted that the appeal was listed for admission and that the court had perused the impugned judgment and the records. The court observed that both the trial court and the first appellate court had concurrently held that the appellants failed to prove their title and possession over the suit property. The High Court found no perversity in the concurrent findings and concluded that no substantial question of law arose for consideration. Consequently, the appeal was dismissed. The court also noted that the appeal against appellant No.2 stood abated. The judgment was delivered by Justice Anant Ramanath Hegde on 24 July 2025.
Headnote
A) Civil Procedure - Regular Second Appeal - Section 100 CPC - Concurrent Findings of Fact - The High Court in a regular second appeal cannot interfere with concurrent findings of fact unless they are perverse or based on no evidence. The court held that the appellants failed to demonstrate any substantial question of law, and the appeal was dismissed. (Paras 1-5) B) Property Law - Suit for Declaration and Possession - Burden of Proof - The plaintiff must prove title and possession. In this case, the trial court and first appellate court concurrently found that the appellants/plaintiffs failed to prove their title and possession over the suit property. The High Court upheld these findings. (Paras 1-5)
Issue of Consideration
Whether the judgment and decree of the first appellate court suffer from any perversity or raise a substantial question of law warranting interference under Section 100 of the Code of Civil Procedure, 1908.
Final Decision
The Regular Second Appeal is dismissed. The judgment and decree of the first appellate court are confirmed.
Law Points
- Concurrent findings of fact
- No substantial question of law
- Section 100 CPC
- Regular Second Appeal
- Interference limited to perversity
