Case Note & Summary
The judgment pertains to two second appeals arising from a property dispute among members of the Desai family. The appellants, original defendants 1 to 3, challenged the concurrent decrees passed by the trial court and the first appellate court in favour of the original plaintiffs (respondents herein). The suit was for declaration of title and possession in respect of certain immovable properties. The trial court decreed the suit, and the first appellate court confirmed the decree. In the second appeals, the appellants contended that the findings of the courts below were perverse and not supported by evidence. The High Court, after hearing the parties, examined the evidence and the reasoning of the lower courts. It found that the findings were based on proper appreciation of oral and documentary evidence and were not perverse. The court reiterated the limited scope of interference under Section 100 of the Code of Civil Procedure, 1908, which permits interference only if a substantial question of law is involved. Since no such question arose, both appeals were dismissed. The court also noted that the appeals were pending for a long time and no interim orders were passed. The judgment upholds the concurrent findings and dismisses the appeals 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 examined whether the second appeals raised any substantial question of law. It held that the findings of fact recorded by the lower appellate court were based on appreciation of evidence and were not perverse, hence no interference was warranted (Paras 1-17).
Issue of Consideration
Whether the second appeals involve any substantial question of law warranting interference with the concurrent findings of the courts below.
Final Decision
Both second appeals are dismissed. No order as to costs.
Law Points
- Second appeal under Section 100 CPC
- substantial question of law
- concurrent findings of fact
- perversity
- appreciation of evidence
