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2002 Supreme(SC) 758

S.RAJENDRA BABU, D.P.MOHAPATRA
Yadarao Dajiba Shrawane – Appellant
Versus
Nanilal Harakchand Shah – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, the key points can be summarized as follows:

  1. The Supreme Court held that when the judgment of the final Court of fact (such as the first appellate court) is based on misinterpretation of documentary evidence, consideration of inadmissible evidence, or ignoring material evidence, the High Court in a second appeal under section 100 CPC is justified to interfere with that judgment (!) (!) .

  2. The Court emphasized that admissions made by parties or their witnesses are relevant and must be given due weight. Ignoring such admissions or concessions renders a finding of fact legally infirm and subject to correction on second appeal (!) .

  3. The judgment underscores that a detailed and careful examination of documentary evidence and witness statements is essential, especially in complex property disputes involving religious or community properties (!) .

  4. The High Court’s review revealed that the lower appellate court relied on inadmissible evidence and misinterpreted key documents, which affected the correctness of its findings regarding ownership and possession of the disputed property (!) (!) .

  5. The Court clarified that the question of title to a property, especially religious or community property, cannot be solely determined by historical or archaeological records but must be supported by admissible documentary evidence and proper legal analysis (!) (!) .

  6. The Court reaffirmed that findings of fact made by the lower appellate court are not binding in second appeal if they are based on errors such as misinterpretation of evidence, consideration of inadmissible evidence, or flawed reasoning (!) (!) .

  7. The Court concluded that the High Court’s detailed review and re-evaluation of the evidence did not reveal any serious legal infirmity warranting interference, and thus, the appeal was dismissed with costs (!) (!) .

Please let me know if you need a more detailed analysis or specific legal principles related to this case.


JUDGMENT

D.P. Mohapatra, J.-This appeal filed by the plaintiff s is directed against the judgment of the Bombay High Court, in Second Appeal No. 164/1968 in which the High Court allowed the appeal, No. 123-A, filed by the defendants, set aside the decree passed by the lower appellate court and restored the decree passed by the trial court.

2. The appellants filed the suit as representatives of Akhil Digambari Jain community of village Shirpur, Talaq Washim, District Akola. The defendants who are respondents herein were impleaded as representatives of Swetambari Jain community of the area. The plaintiffs prayed for the following main reliefs in the suit :

"(a) Order passed by the Court of S.D.M. on 17.12.1927 and that passed by the Court of the Addl. Judl. Commissioner on 6.8.1928 against the plaintiffs be set aside.

(b) It be declared that the whole of the Digambari Jain community is entitled to have full possession, Wahiwat and enjoyment of rights, over the field S.No.197 as described hereinabove and the defendants be directed to put the plaintiffs in possession of the said field in the condition in which it may be. Similarly, it be declared that







































































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