Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Concurrent findings Second appeal |
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, 1908-Section 100: Concurrent findings of fact recorded by courts below factually correct-Second appeal-Reappreciation of evidence-Scope-Held : Reversal of the findings by High Court after re-appreciation of evidence, was in excess of its jurisdiction. Second appeal-Scope of hearing-Held : Is limited by "substantial question of law" formulated at the time of admission or at the time of hearing of the second appeal. Through a registered partition deed dated 19-07-1970 between the first appellant's father and his brothers, certain properties were allotted to first appellant's father out of their joint family properties. He executed a settlement deed dated 22-03-1977 and a registered Will dated 23-03-1977 in favour of his surviving son, the first appellant. Consequent to the death of first appellant's father in 1978, respondents i.e. the widow and daughter of his pre-deceased son, filed suit against the appellants for partition and separate possession of their share in respect of Plaint A and Plaint B Schedule items. Trial Court as well as the Lower Appellate Court denied preliminary decree of partition and separate possession to the respondents with respect to certain suit properties (Plaint A Schedule item nos. 22 to 26 and 29), holding them to be self-acquired properties of first appellant's father and not joint family properties available for partition. Both the Courts also d recorded a finding that the settlement deed dated 22-3-1977 and Will dated 23-3-1977 executed by first appellant's father were valid and genuine and the respondents were not entitled to any share in properties included in both the deeds. High Court, in second appeal, however held that item nos. 22 to 26 and 29 of Plaint A Schedule properties were not self-acquired properties but purchased out of joint family nucleus and accordingly granted preliminary decree of partition. It further held that the settlement deed dated 22-3-1977 was void as the items mentioned therein formed coparcenary property and no coparcener, like the first appellant's father could dispose of his undivided interest by way of gift. The High Court found the will dated 23-03-1977 to be duly executed and proved but observed that the same was not genuine and valid as it was surrounded by numerous suspicious circumstances. Hence the present appeal. The present appeal has been filed against the findings of High Court with respect to the Settlement deed, the Will and the Plaint A Schedule item nos. 22 to 26 and 29. |
Judge | Hon'ble Mr. Justice Ashok Bhan |
Neutral Citation | 2005 INSC 155 |
Petitioner | Manicka Poosali (dead) By Lrs. And Ors. |
Respondent | Anjali Ammal And Anr. |
SCR | [2005] 2 S.C.R. 1027 |
Judgement Date | 2005-03-17 |
Case Number | 6736 |
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