Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908 Code Of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code Of Civil Procedure,.1908s. 100 - Second appeal - High Court setting aside concurrent findings of courts below - Held: Scope of interference by High Court after 1976 Amendment is strictly confined to cases involving substantial questions of law - It is reiterated that High Court would not be justified in dealing with any second appeal without first formulating substantial question of law - In the instant case, High Court erred in interfering with the findings of facts arrived at by the trial court and affirmed by first appellate court - Judgment of High Court set aside. The respondents-plaintiffs filed a suit contending that the suit property was a subtarward property of defendant no. 1 and, therefore, the plaintiffs and defendants no. 1 to 3 being members of the subtarward, were entitled to 1/11 share each in the suit property under the customary law. The stand of defendant no. 1 was that he had exclusive right, title and possession over the property under a registered settlement deed executed by his grand parents and, as such, the suit property was not partible. The trial court dismissed the suit holding that the plaintiffs failed to prove the suit property as subtarward property or that the parties were marumakkathayee ezhavas and were governed by the customary marumukkathayam law, on the other hand, the parties were governed by makkathayam law. The first appellate court affirmed the judgment. But the High Court in second appeal filed by the plaintiffs held that parties to the suit being residents of Kollam District and the property also being situated in the said district, they were following Misravazhi system ~ of inheritance which was essentially based on the principle of marumakkathayam system of inheritance with modifications recognized by judicial pronouncements. In the appeal filed by the defendants it was contended for the appellants that the High Court erred in interfering with the concurrent findings of fact of the courts below, particularly, when the second appeal did not involve any substantial question of law. It was further contended that the burden was on the plaintiffs, and they failed to prove that they were governed by the customary marumakkathayam law of inheritance. |
Judge | Hon'ble Mr. Justice Dalveer Bhandari |
Neutral Citation | 2009 INSC 180 |
Petitioner | Narayanan Rajendran & Another |
Respondent | Lekshmy Sarojini & Others |
SCR | [2009] 2 S.C.R. 71 |
Judgement Date | 2009-02-12 |
Case Number | 742 |
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