Case Note & Summary
The case involves a property dispute between the appellants (original defendants) and the respondents (original plaintiffs) concerning land in Village Radi, Taluka Ambajogai, District Beed. The plaintiffs filed a suit for possession claiming title and possession over the suit property. The trial court decreed the suit in favor of the plaintiffs, and the first appellate court confirmed the decree. The defendants filed a second appeal under Section 100 of the Code of Civil Procedure, 1908. The High Court examined whether any substantial question of law arose. It found that the courts below had concurrently held that the plaintiffs had proved their title and possession based on evidence. The High Court noted that the findings were not perverse and were based on proper appreciation of evidence. It held that no substantial question of law was involved and dismissed the second appeal. The court also disposed of the connected civil application.
Headnote
A) Civil Procedure - Second Appeal - Substantial Question of Law - Section 100 Code of Civil Procedure, 1908 - The court reiterated that a second appeal lies only on a substantial question of law and not on re-appreciation of evidence. Concurrent findings of fact based on proper appreciation of evidence cannot be interfered with unless perverse or based on no evidence. (Paras 1-20) B) Property Law - Suit for Possession - Title and Possession - The plaintiffs claimed possession based on title. The trial court and first appellate court concurrently found that the plaintiffs had proved their title and possession. The High Court held that no substantial question of law arose as the findings were not perverse. (Paras 1-20)
Issue of Consideration
Whether the second appeal involves any substantial question of law warranting interference with the concurrent findings of the courts below.
Final Decision
The High Court dismissed the second appeal, holding that no substantial question of law arose. The concurrent findings of fact were based on proper appreciation of evidence and were not perverse. The connected civil application was also disposed of.
Law Points
- Second appeal under Section 100 CPC
- substantial question of law
- concurrent findings of fact
- perversity
- appreciation of evidence
