Case Note & Summary
The case involves a property dispute between Mahaboob Bi (appellant) and the legal representatives of Sharfunnisa (respondents). The appellant filed a suit for declaration of title and possession of a property in Ramanagaram. The trial court dismissed the suit, holding that the appellant failed to prove her title and that the suit was barred by limitation. The first appellate court confirmed the dismissal. The appellant then filed a second appeal under Section 100 of the Code of Civil Procedure, 1908. The High Court, after hearing the parties, found that the concurrent findings of fact by the lower courts were based on evidence and did not suffer from any perversity. The court held that no substantial question of law arose for consideration and dismissed the appeal. The court emphasized that in a second appeal, the High Court's jurisdiction is limited to questions of law and cannot re-appreciate evidence unless the findings are perverse.
Headnote
A) Civil Procedure - Second Appeal - Section 100 CPC - Substantial Question of Law - The court held that in a second appeal, the High Court cannot interfere with concurrent findings of fact unless they are perverse or based on no evidence. The appellant failed to demonstrate any substantial question of law. (Paras 1-3) B) Property Law - Declaration of Title and Possession - Burden of Proof - The plaintiff must prove title and possession. The courts below found that the plaintiff failed to prove her title and that the suit was barred by limitation. (Paras 2-3) C) Limitation - Suit for Possession - Article 65 of Limitation Act, 1963 - The suit for possession based on title must be filed within 12 years from the date of dispossession. The courts below held the suit was barred by limitation. (Paras 2-3)
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.
Final Decision
The High Court dismissed both second appeals, confirming the judgments and decrees of the courts below.
Law Points
- Second appeal under Section 100 CPC
- concurrent findings of fact
- no substantial question of law
- limitation
- adverse possession
- burden of proof
