P.V. Manickam(Dead) By Lrs vs Gopalswamy Naicker Charities Trust & ...

The Supreme Court upheld the concurrent findings of the trial court and the High Court regarding the recovery of possession of property, affirming that the appellant failed to prove the release and surrender deed dated 31st October 1971 was null and void. The Court noted that the appellant did not establish a case of fraud, as it was neither pleaded in the plaint nor was there an issue or finding on it. Consequently, the appeals were dismissed without costs, reinforcing the principle that concurrent factual findings are not to be disturbed lightly under Article 136 of the Constitution.