Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
Get started with Indian Law Cases
Your password will be generated automatically and will be sent to your email-id provided in this form.
Full Name  
Email ID
(this email-id will be treated as your User ID also)
Address
City
Mobile No
* Mobile No is required for verification of identity
 Bare Acts  | Legal Resources  | Lawyer Locater  | Articles  | Legal Dictionary  | Download Desktop Software  | Subscription   Home   |   E-Journal  |  Sign-In  | Contact Us  | Disclaimers

Civil Law
 Search Tips
Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
Judgement Subject Index/Important Decision/Topic

ILC-2016-SC-CIVIL-Jan-4

Damodar Lal Vs. Sohan Devi & Ors.

Head Note

The Code of Civil Procedure, 1908  - Section 100

Second Appeal - Concurrent Findings of Fact - Substantial question of law - Both the questions of law framed by the High Court not substantial questions of law -Even if the finding of fact is wrong, that by itself will not constitute a question of law - Wrong finding should stem out on a complete misreading of evidence or it should be based only on conjectures and surmises - Safest approach on perversity is the classic approach on the reasonable man's inference on the facts - To him, if the conclusion on the facts in evidence made by the court below is possible, there is no perversity - If not, the finding is perverse. Inadequacy of evidence or a different reading of evidence is not perversity.

The Code of Civil Procedure, 1908  - Section 100

Second Appeal - Concurrent Findings of Fact - Substantial Question of Law - Structural alternation in premises rented to the respondent without consent - Burden has been successfully discharged by the plaintiff by examining PWs-1 and 2 - defendants could not shake that evidence - In fact, that fact is proved partially from the evidence of the defendants themselves, as an admitted fact - Hence, only the trial court came to the definite finding on structural alteration - That finding has been endorsed by the first appellate court onre-appreciation of the evidence - High Court in second appeal not justified in upsetting the finding which is a pure question of fact - Impugned judgment of the High Court liable to be set aside and e that of the trial court as confirmed by the appellate court restored.

Topic(s)-Second Appeal - Concurrent Findings of Fact - Upsetting set aside







Full Judgement Body


     
@2016 Indian Law
Name  
Email ID
Please Wait..