Case Note & Summary
The present second appeal arises from a suit for possession filed by the respondents (original plaintiffs) against the appellants (original defendants). The trial court decreed the suit in favor of the plaintiffs, and the first appellate court (Regular Civil Appeal No. 40/1999) confirmed the decree. Aggrieved, the defendants filed the present second appeal under Section 100 of the Code of Civil Procedure, 1908. The High Court, after hearing the parties, found that the appeal did not involve any substantial question of law. The court observed that the findings of fact recorded by the courts below were concurrent and based on proper appreciation of evidence. The appellants could not demonstrate any perversity or error of law in the impugned judgment. Consequently, the High Court dismissed the second appeal, upholding the decree for possession in favor of the plaintiffs. The court also disposed of the accompanying civil application.
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, interference is permissible only if there is a substantial question of law. Concurrent findings of fact based on appreciation of evidence cannot be disturbed unless shown to be perverse or based on no evidence. (Para 1-2) B) Property Law - Suit for Possession - Burden of Proof - The plaintiffs claimed possession based on title. The trial court and first appellate court concurrently found that the plaintiffs proved their title and possession. The appellants failed to show any perversity or error of law in the findings. (Para 1-2)
Issue of Consideration
Whether the second appeal involves any substantial question of law warranting interference with concurrent findings of fact recorded by the courts below.
Final Decision
The High Court dismissed the second appeal, finding no substantial question of law. The judgment and decree of the first appellate court were confirmed. The 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
