Case Note & Summary
The present second appeal was filed by the original defendant No.1 challenging the judgment and decree passed in Regular Civil Appeal No.238 of 1987 by the learned Additional District Judge, Osmanabad, which dismissed the appeal and confirmed the trial court's decree. The original suit was filed by the plaintiff-respondent for possession of the suit property and mesne profits. The trial court decreed the suit, and the first appellate court confirmed it. The defendant then filed this second appeal under Section 100 of the Code of Civil Procedure, 1908. The High Court, after hearing the parties, found that the findings of fact recorded by the courts below were concurrent and not perverse. The court held that no substantial question of law arose for consideration in the second appeal. Accordingly, the second appeal was dismissed with no order as to costs.
Headnote
A) Civil Procedure - Second Appeal - Substantial Question of Law - Section 100 Code of Civil Procedure, 1908 - The court reiterated that in a second appeal, 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 Possession - Title and Prior Possession - The plaintiff's suit for possession based on title and prior possession was decreed by both trial court and first appellate court. The defendant's appeal was dismissed. (Paras 1-10) C) Limitation - Suit for Possession - Article 65 of Limitation Act, 1963 - The suit was held to be within limitation as the plaintiff proved title and possession within 12 years. (Paras 1-10)
Issue of Consideration
Whether the second appeal involves any substantial question of law warranting interference with the concurrent findings of fact recorded by the courts below.
Final Decision
Second Appeal No. 30 of 1988 is dismissed with no order as to costs.
Law Points
- Second appeal under Section 100 CPC
- concurrent findings of fact
- substantial question of law
- interference with findings of fact
- limitation for suit for possession
- mesne profits
