Case Note & Summary
The appellants (original plaintiffs) filed a suit for declaration of title and permanent injunction in respect of suit property bearing R.S. No. 165/2 of Macche village, Belagavi. The suit was dismissed by the trial court on 18.07.2011 in O.S. No. 79/1995. The first appeal (R.A. No. 248/2011) was dismissed by the II Additional District Judge, Belagavi on 08.03.2016, confirming the trial court's judgment. The appellants then filed this second appeal under Section 100 CPC. The courts below concurrently found that the plaintiffs failed to prove their title and possession over the suit property. The suit was also held barred by limitation as the cause of action arose in 1985 when the defendants allegedly dispossessed the plaintiffs, but the suit was filed in 1995. The High Court, after hearing the parties, found no substantial question of law involved and dismissed the second appeal, confirming the concurrent findings of fact.
Headnote
A) Civil Procedure - Second Appeal - Section 100 CPC - Substantial Question of Law - 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 substantial question of law. (Paras 1-10) B) Property Law - Declaration of Title and Injunction - Burden of Proof - The plaintiffs must prove their title and possession over the suit property. In this case, the courts below concurrently found that the plaintiffs failed to prove their title and possession. (Paras 5-10) C) Limitation - Suit for Declaration - Article 58 of Limitation Act, 1963 - The suit was filed beyond the period of limitation as the cause of action arose in 1985 and the suit was filed in 1995. The courts below correctly held the suit barred by limitation. (Paras 5-10)
Issue of Consideration
Whether the judgment and decree of the lower appellate court confirming the dismissal of the suit for declaration and injunction suffers from any substantial question of law warranting interference under Section 100 of the Code of Civil Procedure, 1908.
Final Decision
The second appeal is dismissed. The judgment and decree of the lower appellate court dated 08.03.2016 in R.A. No. 248/2011 confirming the trial court's judgment dated 18.07.2011 in O.S. No. 79/1995 are confirmed. No order as to costs.
Law Points
- Second appeal under Section 100 CPC
- concurrent findings of fact
- no substantial question of law
- interference with findings of fact
- limitation for filing suit
- adverse possession
- burden of proof
- title and possession.
