E. MAHBOOB SAHEB versus N. SUBBARAYAN CHOWDHARY & ORS.

E. MAHBOOB SAHEB versus N. SUBBARAYAN CHOWDHARY & ORS.

The High Court was not justified in reappreciating evidence or substituting its own conclusions for those of the lower court in the absence of a question of law; the finding of partition and allotment of the 'C' Schedule property to the plaintiff by the Additional District Judge stands.

Parties
Appellant: E. Mahboob Saheb; Respondent No. 1: N. Subbarayan Chowdhary; Other Respondents: Respondents 2(c) & (e); Other Respondent: Respondent No. 3
Jurisdiction
India
Judgment Date
18 December 1981
Procedural Posture
Civil Appeal / Appeal by Special Leave From Andhra Pradesh High Court Judgment in S.a. Nos. 719 and 826 of 1967
Outcome
Appeal allowed
Legal Topics
Second Appeal, Partition, Benami Transaction, Jurisdiction Under Section 100 CPC
Civil Procedure Second Appeal Partition Benami Transaction Jurisdiction Under Section 100 CPC

Case Brief

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Parties

E. Mahboob Saheb

Appellant

N. Subbarayan Chowdhary

Respondent No. 1

Respondents 2(c) & (e)

Other Respondents

Respondent No. 3

Other Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Andhra Pradesh High Court Judgment in S.a. Nos. 719 and 826 of 1967

Legal Issues

  1. 1 Whether the High Court was justified in interfering with the finding of fact entered by the Additional District Judge regarding partition
  2. 2 Whether the purchase of property by the plaintiff was benami for Narayanaswamy

Ratio Decidendi

The High Court was not justified in reappreciating evidence or substituting its own conclusions for those of the lower court in the absence of a question of law; the finding of partition and allotment of the 'C' Schedule property to the plaintiff by the Additional District Judge stands.

Court Disposition

Appeal allowed

Orders

  • Decision of the High Court set aside
  • Judgment and decree of the Additional District Judge restored