Case Note & Summary
The petitioners filed a writ petition under Article 227 of the Constitution of India challenging the concurrent findings of fact recorded by the courts below in a land dispute. The dispute pertained to certain agricultural lands in Nhavi, Taluka Yawal, District Jalgaon. The petitioners, who were the original defendants, had lost before the trial court and the first appellate court. The High Court examined the scope of its jurisdiction under Article 227 and reiterated that it cannot interfere with concurrent findings of fact unless they are perverse or based on no evidence. The court found that the findings of the courts below were based on proper appreciation of evidence and were not erroneous. Consequently, the writ petition was dismissed with no order as to costs.
Headnote
A) Constitutional Law - Article 227 of the Constitution of India - Scope of Interference - Concurrent Findings of Fact - The High Court under Article 227 cannot interfere with concurrent findings of fact unless they are perverse or based on no evidence - The court held that the findings of the courts below were not erroneous and did not warrant interference under Article 227 (Paras 1-5).
Issue of Consideration
Whether the High Court under Article 227 of the Constitution of India should interfere with concurrent findings of fact recorded by the courts below in a land dispute.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Article 227 of the Constitution of India
- scope of interference with concurrent findings of fact
- jurisdiction of High Court under Article 227
- findings of fact not to be interfered unless perverse or erroneous
