Supreme Court of India · 2009-04-01
SUNDARANEEDI SATYANARAYANA vs ARIGALA VENKATARATNAM .
- Citation / case number
- SC 2000/6684
- Court
- Supreme Court of India
- Petitioner
- SUNDARANEEDI SATYANARAYANA
- Respondent
- ARIGALA VENKATARATNAM .
Judgment text excerpt
The Supreme Court held that the High Court erred in considering the validity of a sale deed executed after a notice demanding partition was issued by the plaintiff, as this question was not raised in the Trial Court and constituted a mixed question of fact and law. The Court emphasized that such issues cannot be introduced for the first time in a second appeal under Section 100 CPC. Consequently, the appeal was allowed, the High Court's judgment was set aside, and the decree of the Lower Appellate Court was restored.