Supreme Court of India · 1981-10-15
K. C. KAPOOR vs RADHIKA DEVI (DEAD) BY L. RS. & OTHERS
- Citation / case number
- SC 1970/60365
- Court
- Supreme Court of India
- Petitioner
- K. C. KAPOOR
- Respondent
- RADHIKA DEVI (DEAD) BY L. RS. & OTHERS
- Author
- A.D. KOSHAL
- Bench
- A.D. KOSHAL
Judgment text excerpt
The Supreme Court held that in a second appeal under Section 100 of the Code of Civil Procedure, the High Court cannot interfere with factual findings based on good evidence from the trial court. The Court found that the sale of joint Hindu family property by Parmeshwar Din Misra was for legal necessity, as he required funds for constructing a house. The High Court's decision to set aside the sale deed was overturned, reaffirming the trial court's findings on the matter.