Case Note & Summary
The present second appeal was filed by the plaintiff against the judgment and decree of the lower appellate court in R.A. No. 68/2003, which had reversed the trial court's decree in O.S. No. 52/2001. The plaintiff had originally filed a suit for declaration and injunction regarding certain property. The trial court had decreed the suit, but the lower appellate court allowed the defendant's appeal and set aside the trial court's judgment. The plaintiff then filed this second appeal under Section 100 of the Code of Civil Procedure, 1908. The appeal was admitted on a substantial question of law: whether the lower appellate court was justified in reversing the finding on negative issue No.4, which pertained to the plaintiff's possession. The High Court, after hearing the parties, found that the lower appellate court had properly appreciated the evidence and correctly reversed the finding on issue No.4. The High Court noted that the trial court's finding on that issue was negative, meaning the plaintiff had failed to prove possession, and the lower appellate court's reversal was justified. Consequently, the High Court held that no substantial question of law arose for consideration and dismissed the appeal, confirming the lower appellate court's judgment.
Headnote
A) Civil Procedure - Second Appeal - Substantial Question of Law - Section 100 Code of Civil Procedure, 1908 - The appeal was admitted on the substantial question of law whether the lower appellate court was justified in reversing the finding on negative issue No.4 recorded by the trial court. The High Court held that the lower appellate court's reversal was justified as the finding was based on proper appreciation of evidence and no substantial question of law arose. (Paras 2-3) B) Property Law - Suit for Declaration and Injunction - Negative Issue - Burden of Proof - The plaintiff filed a suit for declaration and injunction. The trial court framed issue No.4 negatively regarding the plaintiff's possession. The lower appellate court reversed the finding. The High Court upheld the reversal, noting that the appellate court had correctly appreciated the evidence and the plaintiff failed to prove possession. (Paras 2-3)
Issue of Consideration
Whether the lower appellate court was justified in reversing the finding on negative issue No.4 as recorded in para 21 of the judgment and decree of the trial court.
Final Decision
The High Court dismissed the second appeal, holding that the lower appellate court was justified in reversing the finding on issue No.4 and that no substantial question of law arose.
Law Points
- Second appeal under Section 100 CPC
- substantial question of law
- concurrent findings of fact
- interference by High Court
- negative issue
- burden of proof
