Supreme Court of India · 1996-01-16
KOCHUKAKKADA ABOOBACKER (DEAD) BY LRS. & ORS. vs ATTAH KASIM & ORS.
- Citation / case number
- SC 1981/63767
- Court
- Supreme Court of India
- Petitioner
- KOCHUKAKKADA ABOOBACKER (DEAD) BY LRS. & ORS.
- Respondent
- ATTAH KASIM & ORS.
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court upheld the High Court's decision to interfere with the concurrent findings of fact by the trial and appellate courts regarding the partition of property. The Court found that the appellate court had erred in not properly considering documentary evidence, specifically Ex.A-3, which established the plaintiffs' title to the property. The High Court's ruling was based on the conclusion that the findings of the lower courts were perverse and unsupported by evidence, thus affirming the plaintiffs' entitlement to a partition of the property.