KRISHNAN versus BACKIAM AND ANR.

KRISHNAN versus BACKIAM AND ANR.

The High Court acted beyond its jurisdiction under Section 100 CPC by interfering with the findings of fact by the First Appellate Court without framing any substantial question of law regarding perversity or absence of evidence. Findings of fact regarding identity and ownership should have stood undisturbed; thus, the appellate decision was restored.

Parties
Appellant: Krishnan; Respondent: Backiam; Owner of Property: Ramayee (alias Lakshmi)
Jurisdiction
India
Judgment Date
11 September 2007
Procedural Posture
Civil Appeal / Decision on Appeal From High Court Judgment
Outcome
appeal allowed
Legal Topics
Second Appeal, Findings of Fact, Burden of Proof, Registered Deeds, Substantial Question of Law
Civil Procedure Second Appeal Findings of Fact Burden of Proof Registered Deeds Substantial Question of Law

Case Brief

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Parties

Krishnan

Appellant

Backiam

Respondent

Ramayee (alias Lakshmi)

Owner of Property

Procedural Posture

Civil Appeal / Decision on Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the High Court in second appeal under Section 100 CPC can interfere with findings of fact of the First Appellate Court without framing a substantial question of law.
  2. 2 Whether findings regarding identity and ownership (Lakshmi and Ramayee being one and the same) can be interfered with by High Court.

Ratio Decidendi

The High Court acted beyond its jurisdiction under Section 100 CPC by interfering with the findings of fact by the First Appellate Court without framing any substantial question of law regarding perversity or absence of evidence. Findings of fact regarding identity and ownership should have stood undisturbed; thus, the appellate decision was restored.

Court Disposition

appeal allowed

Orders

  • Impugned judgment of the High Court set aside.
  • Judgment of First Appellate Court dated 13.4.1999 restored.