Supreme Court of India · 2008-02-12
K. SELVARAJ vs NEELI VISWANATHA CHETTY (D) BY LRS.
- Citation / case number
- SC 2000/5377
- Court
- Supreme Court of India
- Petitioner
- K. SELVARAJ
- Respondent
- NEELI VISWANATHA CHETTY (D) BY LRS.
- 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 recorded by the trial court and the appellate court in a Second Appeal under Section 100 CPC. The Court emphasized that a Second Appeal can only be entertained on substantial questions of law, not on re-appreciation of evidence or findings of fact. The Court reinstated the trial court's decree for permanent injunction regarding the disputed land measuring 4 acres out of 11 acres and 99 cents, affirming that the defendant had admitted the extent of the suit property in his written statement.