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march 1963

Supreme Court of India · 1963-03-29

MADAMANCHI RAMAPPA & ANR. vs MUTHALUR BOJJAPPA

Citation / case number
SC 1961/221
Court
Supreme Court of India
Petitioner
MADAMANCHI RAMAPPA & ANR.
Respondent
MUTHALUR BOJJAPPA
Bench
GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court held that under Section 100 of the Code of Civil Procedure, 1908, a second appellate court cannot interfere with concurrent findings of fact made by lower courts, even if it considers the evidence insufficient. The Court emphasized that the sufficiency of evidence is a matter for the courts of fact, and the High Court exceeded its jurisdiction by overturning the findings of the trial court and the first appellate court. Consequently, the Supreme Court allowed the appeal and restored the findings in favor of the appellants regarding their title and possession of the property.

MADAMANCHI RAMAPPA & ANR. vs MUTHALUR BOJJAPPA · Niyam