High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Suit for Declaration and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

High Court: Karnataka High Court Bench: BENGALURU
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Case Note & Summary

The present second appeal arises out of a suit for declaration of title and permanent injunction filed by the original plaintiff Basavaiah (since deceased, represented by his legal representatives) against the respondents. The suit property was described as agricultural land. The plaintiffs claimed that they were in possession and had title over the property. The defendants contested the suit, denying the plaintiffs' title and possession. The trial court, after considering the evidence, dismissed the suit. The first appellate court confirmed the dismissal. Aggrieved, the plaintiffs filed the present second appeal under Section 100 of the Code of Civil Procedure, 1908. The High Court framed a substantial question of law regarding whether the concurrent findings of fact were perverse or suffered from any error of law. The court noted that the appellants failed to point out any perversity or error of law in the findings of the courts below. The court held that the concurrent findings of fact were based on proper appreciation of evidence and did not warrant interference. Consequently, the second appeal was dismissed. The court also observed that the appellants had not discharged the burden of proof to establish their title and possession. The judgment affirms the principle that in a second appeal, the High Court's jurisdiction is limited to substantial questions of law and cannot re-appreciate evidence unless the findings are perverse.

Headnote

A) Civil Procedure - Second Appeal - Substantial Question of Law - Section 100 Code of Civil Procedure, 1908 - The High Court in a second appeal can interfere with concurrent findings of fact only if they are perverse or based on no evidence. The court held that the appellants failed to demonstrate any perversity or error of law in the findings of the courts below. (Paras 1-10)

B) Property Law - Suit for Declaration and Injunction - Burden of Proof - The plaintiffs must prove their title and possession over the suit property. The court held that the appellants failed to discharge the burden of proof, and the concurrent findings of the trial court and first appellate court dismissing the suit were justified. (Paras 1-10)

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Issue of Consideration

Whether the concurrent findings of fact recorded by the courts below are perverse or suffer from any error of law warranting interference under Section 100 of the Code of Civil Procedure, 1908.

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Final Decision

The second appeal is dismissed. The concurrent findings of the courts below 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 and possession
  • Section 100 CPC
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Case Details

2019 LawText (KAR) (12) 47

R.S.A.No.2063 of 2006 (RES)

2019-12-17

S.R.Krishna Kumar

Sri. A.Madhusudhana Rao

Sri. Basavaiah (since dead by LRs) and others

Smt. Madamma (since dead by LRs) and others

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Nature of Litigation

Second appeal against concurrent dismissal of suit for declaration of title and permanent injunction.

Remedy Sought

Appellants sought to set aside the judgments of the trial court and first appellate court and decree the suit.

Filing Reason

Appellants were aggrieved by the concurrent findings dismissing their suit for declaration and injunction.

Previous Decisions

Trial court dismissed the suit; first appellate court confirmed the dismissal.

Issues

Whether the concurrent findings of fact are perverse or suffer from any error of law warranting interference under Section 100 CPC.

Submissions/Arguments

Appellants argued that the courts below erred in dismissing the suit and that the findings were perverse. Respondents supported the concurrent findings and argued that no substantial question of law arose.

Ratio Decidendi

In a second appeal under Section 100 CPC, the High Court cannot interfere with concurrent findings of fact unless they are perverse or based on no evidence. The appellants failed to demonstrate any perversity or error of law.

Judgment Excerpts

The appellants have not pointed out any perversity or error of law in the findings of the courts below. The concurrent findings of fact are based on proper appreciation of evidence and do not warrant interference.

Procedural History

Original suit filed by Basavaiah for declaration and injunction was dismissed by the trial court. First appeal by the plaintiffs was dismissed by the first appellate court. The present second appeal was filed by the legal representatives of the deceased plaintiff.

Acts & Sections

  • Code of Civil Procedure, 1908: Section 100
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High Court High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Suit for Declaration and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.
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