K. Selvaraj vs Neeli Viswanath Chetty & Others

The Supreme Court held that the High Court's re-appreciation of factual findings in a Second Appeal under Section 100 CPC was impermissible, as such appeals can only address substantial questions of law. The Court emphasized that the burden of proof is irrelevant when both parties present evidence, and the concurrent findings of the trial court and first appellate court must be upheld. Consequently, the Supreme Court restored the trial court's decree in favor of the plaintiff regarding the permanent injunction for the disputed land.