Case Note & Summary
The case involves a second appeal filed by Dhondiba Namdeorao Bhosale, original defendant No.6, against the judgment and decree passed by the District Court, which confirmed the trial court's decree in favor of the plaintiffs (respondents herein) for possession and mesne profits of the suit property. The plaintiffs had filed a suit for possession and mesne profits against several defendants, including the appellant, claiming title to the property. The appellant contended that he was a tenant of the suit property and had become owner by adverse possession. The trial court decreed the suit, holding that the plaintiffs had proved their title and that the appellant failed to prove his tenancy or adverse possession. The first appellate court confirmed this finding. In the second appeal, the appellant argued that the courts below had erred in not properly appreciating the evidence regarding his tenancy. The High Court, however, found that the findings of fact recorded by the courts below were concurrent and not shown to be perverse or based on no evidence. The court held that no substantial question of law arose for consideration in the second appeal under Section 100 of the Code of Civil Procedure, 1908. Consequently, the appeal was dismissed with no order as to costs.
Headnote
A) Civil Procedure - Second Appeal - Substantial Question of Law - Section 100 CPC - Concurrent findings of fact cannot be interfered with in second appeal unless shown to be perverse or based on no evidence - The appellant failed to prove his tenancy or adverse possession, and the courts below concurrently held against him - No substantial question of law arose (Paras 1-5).
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 regarding the appellant's claim of tenancy and adverse possession.
Final Decision
The Second Appeal is dismissed with no order as to costs.
Law Points
- Second appeal
- substantial question of law
- concurrent findings of fact
- interference limited to perversity
- tenancy
- adverse possession
- burden of proof
- Section 100 CPC
