Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure sustainability of Suit for declaration |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Issue for Consideration: Whether the High Court was justified in allowing the Second Appeal filed by the respondents and setting aside the concurrent judgments of the trial court and the Sub-Judge dismissing the suit of the respondents and decreeing the suit. Suit – Suit for declaration – Decreed by the High Court – Sustainability of, when on perverse findings and ignoring relevant material findings – Suit by the respondent seeking declaration that the sale deed executed was null and void; that suit property belonged to the respondents and for relief of an injunction against the defendants, on the basis of an oral partition whereby property was bequeathed to the respondents whereas the defendants denied the oral partition – Suit dismissed by the trial court and subordinate court – However, the High Court allowed the second appeal relying on certain documents, to support the existence of an oral partition – Correctness:Held: Trial court and the first appellate court dealt with the sale deeds, and found that those were not sufficient to prove the oral partition or in any manner establish the oral partition with respect to the survey number in question – High Court failed to consider the oral as also the documentary evidence – Only on the basis of the two sale deeds and one mortgage deed, which relate to different piece and parcels of land, the High Court recorded a perverse finding that oral partition had taken place – It also did not deal with the other findings recorded by the courts below – Thus, the impugned judgment cannot be sustained as it does not conform to the scope of s. 100 CPC as also it was perverse on appreciated evidence, and also ignored material evidence – Impugned judgment and order of the High Court is set aside and that of the trial court and the first appellate court is confirmed, dismissing the suit of the respondent. [Paras 12-15] |
Judge | Hon'ble Mr. Justice Vikram Nath |
Neutral Citation | 2024 INSC 12 |
Petitioner | Rajendhiran |
Respondent | Muthaiammal @ Muthayee & Ors. |
SCR | [2024] 1 S.C.R. 81 |
Judgement Date | 2024-01-03 |
Case Number | 37 |
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