Case Note & Summary
The appellant, original defendant Jayawant (since deceased, represented by legal heirs), filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, against the decree for possession passed by the trial court and confirmed by the appellate court in favor of the respondent, Anusuyabai. The suit property was agricultural land bearing Gat No. 447, admeasuring 4 hectares 22 Are with a well. One Baliram had two wives; the plaintiff and defendant were issues from the second wife. On 2nd September 1954, a partition occurred between Baliram and his issues from the first wife. On 8th May 1969, another partition took place between Baliram and his issues from the second wife, wherein the suit property was allotted to Baliram. On 17th June 1991, Baliram executed a Will bequeathing the property to Anusuyabai. Baliram expired on 13th May 1993. The plaintiff alleged that the defendant took forcible possession of the suit property, leading to the suit for possession and declaration of ownership based on the Will. The trial court decreed the suit, and the appellate court confirmed the decree. In the second appeal, the appellant contended that the courts below erred in accepting the Will without proper proof. The High Court, after hearing counsel, found that the findings of fact were concurrent and based on evidence, and no substantial question of law arose. The appeal was dismissed with no order as to costs.
Headnote
A) Civil Procedure - Second Appeal - Section 100 CPC - Substantial Question of Law - The appeal under Section 100 CPC challenged concurrent findings of fact regarding the validity of a Will and entitlement to possession. The High Court held that no substantial question of law arose as the findings were based on appreciation of evidence and were not perverse. The appeal was dismissed. (Paras 1-3)
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 validity of the Will and the plaintiff's entitlement to possession.
Final Decision
The second appeal is dismissed. No order as to costs.
Law Points
- Second appeal under Section 100 CPC
- concurrent findings of fact
- substantial question of law
- Will
- possession
- partition
