Case Note & Summary
The case involves a second appeal filed by the plaintiffs (appellants) against the judgment and decree of the District Judge, Pernem, Goa, which confirmed the trial court's dismissal of their suit for declaration of ownership and permanent injunction. The plaintiffs claimed that they were in possession of the suit property and that the defendants had no right to interfere. The trial court, after evaluating the evidence, dismissed the suit, and the first appellate court affirmed the decision. The High Court, in the second appeal under Section 100 of the Code of Civil Procedure, 1908, examined whether any substantial question of law arose. The court noted that the findings of fact recorded by the lower courts were concurrent and based on evidence. The High Court held that there was no perversity or error of law warranting interference. Consequently, the appeal was dismissed, and the concurrent findings were upheld.
Headnote
A) Civil Procedure - Second Appeal - Substantial Question of Law - Section 100 Code of Civil Procedure, 1908 - The High Court cannot interfere with concurrent findings of fact unless they are perverse or based on no evidence. The appeal was dismissed as no substantial question of law arose. (Paras 1-10) B) Property Law - Suit for Declaration and Injunction - Concurrent Findings - The plaintiffs claimed ownership and possession of suit property; the trial court and first appellate court dismissed the suit. The High Court upheld the findings as they were based on proper appreciation of evidence. (Paras 2-8)
Issue of Consideration
Whether the High Court should interfere with concurrent findings of fact in a second appeal under Section 100 of the Code of Civil Procedure, 1908, when the findings are not perverse and no substantial question of law arises.
Final Decision
The High Court dismissed the second appeal, upholding the concurrent findings of the lower courts.
Law Points
- Second appeal under Section 100 CPC
- substantial question of law
- concurrent findings of fact
- perversity
- interference by High Court
