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P. Mohammed Meera Lebbai – Appellant
Versus
Thirumalaya Gounder Ramaswamy Goundar – Respondent
Judgement
MUDHOLKAR, J.:- This is an appeal from a judgment of a single Judge of the Kerala High Court dismissing the appellant s suit for recovery of possession of certain property and for mesne profits. It is not disputed that the only question of law which arises in this appeal is whether the appeal could be heard and disposed of by a single Judge of the High Court. The other questions raised are purely questions of fact. Article 133, Cl. (3) of the Constitution clearly provides that notwithstanding anything in the article no appeal shall lie to the SC from a judgment, decree or final order of one Judge of a High Court unless Parliament by law otherwise provides. Parliament has passed no law rendering the judgment of a single Judge appealable to the SC. Though this provision does not detract from the power of this Court under Art. 136 to entertain an appeal from a decision of a single Judge, it is the settled practice of this Court not to interfere with a finding of fact arrived at by the High Court unless it is satisfied that in arriving at the finding of fact the High Court had been guilty of grave errors. We gave opportunity to learned counsel to point out to us if the finding
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