Supreme Court of India · 2008-02-06
SEBA BANERJEE vs NIRMALA DAS @ NIRMALA BALA DAS(D) .
- Citation / case number
- SC 2000/19512
- Court
- Supreme Court of India
- Petitioner
- SEBA BANERJEE
- Respondent
- NIRMALA DAS @ NIRMALA BALA DAS(D) .
- 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 should not have re-appreciated evidence in a second appeal without framing a substantial question of law, as per established legal principles. Consequently, the Supreme Court set aside the High Court's decree and restored the decisions of the lower courts, allowing the appeals without costs.