Case Note & Summary
The case involves a Second Appeal filed by the original plaintiffs (appellants) against the judgment and decree of the District Judge, Latur, dismissing their suit for possession and mesne profits. The suit property was a piece of land in Ausa, Latur. The plaintiffs claimed title and possession, but the trial court and the first appellate court concurrently found that the plaintiffs failed to prove their title and possession. 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 were concurrent and based on evidence, and no perversity was shown. The court held that the Second Appeal does not involve any substantial question of law and dismissed the appeal, confirming the concurrent findings.
Headnote
A) Civil Procedure - Second Appeal - Substantial Question of Law - Section 100 Code of Civil Procedure, 1908 - The court held that the Second Appeal does not involve any substantial question of law as the findings of fact recorded by the lower appellate court are concurrent and based on proper appreciation of evidence. The court declined to interfere with the concurrent findings of fact. (Paras 1-10) B) Property Law - Suit for Possession - Burden of Proof - Title and Possession - The plaintiffs failed to prove their title and possession over the suit property. The courts below concurrently held that the plaintiffs did not establish their case. The Second Appeal was dismissed. (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
The Second Appeal is dismissed. The judgment and decree of the District Judge, Latur, are confirmed. No order as to costs.
Law Points
- Second appeal
- substantial question of law
- concurrent findings of fact
- interference limited to perversity
- burden of proof
- title
- possession
- mesne profits
