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february 2008

Supreme Court of India · 2008-02-06

Seba Banerjee & Ors vs Nirmala Das @ Nirmala Bala Das(D) & Ors

Court
Supreme Court of India
Petitioner
Seba Banerjee & Ors
Respondent
Nirmala Das @ Nirmala Bala Das(D) & Ors
Bench
H.K. Sema, Markandey Katju

Judgment text excerpt

The Supreme Court held that the High Court erred in reversing the concurrent findings of fact by the trial court and the first appellate court regarding the plaintiffs' claim for easementary rights. The Court emphasized that the High Court cannot re-appreciate evidence in a second appeal when the lower courts have provided reasoned judgments. Consequently, the Supreme Court set aside the High Court's decree and restored the decisions of the trial court and first appellate court, allowing the appeals without costs.

Seba Banerjee & Ors vs Nirmala Das @ Nirmala Bala Das(D) & Ors · Niyam