Case Note & Summary
The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court which had dismissed their appeal and confirmed the trial court's decree dismissing the plaintiffs' suit for declaration of ownership and permanent injunction. The plaintiffs had claimed ownership and possession of the suit property, but the trial court found that they failed to prove their title and possession. The first appellate court concurred with these findings. In the second appeal under Section 100 of the Code of Civil Procedure, 1908, the High Court examined whether any substantial question of law arose. The High Court noted that the findings of fact were concurrent and based on proper appreciation of evidence. The court held that no substantial question of law was involved and dismissed the second appeal, confirming the dismissal of the suit. The court also disposed of the civil application.
Headnote
A) Civil Procedure - Second Appeal - Substantial Question of Law - Section 100 Code of Civil Procedure, 1908 - The High Court held that the second appeal does not involve any substantial question of law as the findings of fact recorded by the trial court and first appellate court were concurrent and based on appreciation of evidence. The court declined to interfere with the concurrent findings. (Paras 1-3) B) Property Law - Suit for Declaration and Injunction - Burden of Proof - The plaintiffs failed to prove their title and possession over the suit property. The courts below concurrently held that the plaintiffs were not in possession and that the defendants were the owners. The High Court affirmed these findings. (Paras 1-3)
Issue of Consideration
Whether the second appeal under Section 100 of the Code of Civil Procedure, 1908, raises any substantial question of law warranting interference with the concurrent findings of fact recorded by the courts below.
Final Decision
The High Court dismissed the second appeal, confirming the concurrent findings of the courts below. The civil application also stands disposed of.
Law Points
- Second appeal under Section 100 CPC
- concurrent findings of fact
- no substantial question of law
- burden of proof
- title and possession
