1. Suit for right of redemption — Dispute over familial relationship and descent to establish entitlement. (Para 1 )
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1999 Supreme(SC) 180
SUPREME COURT OF INDIA
S.R.Babu : S.Saghir Ahmad
Neelu Narayani
Versus
Lakshmanan
Case No. : 3114 , 3115 of 1989
Date of Decision : 2/11/99
A question of title arising from the interpretation of proved documents is considered a question of law, which is permissible for examination by a court during a second appeal.
Headnote:(A) Civil Procedure - Second Appeal - Question of Law vs. Question of Fact - When a question of title arises on the basis of interpretation of the proved document, it is a question of law and necessarily such a question can be examined even in a second appeal. (Para 3)
Facts of the case:
A suit was filed for the right of redemption in respect of certain property. The trial court and the first appellate court held that the plaintiff had not established the necessary lineage to claim redemption. In a second appeal, the High Court examined a chitty bond and a partition deed to conclude that the interconnection between the parties was established and the plaintiff was a descendant of the family, thereby decreeing the suit.
Findings of Court:
The High Court was justified in re-examining the question of title as it was based on the interpretation of proved documents.
Issues: Whether the High Court could re-examine the question of fact and arrive at a different conclusion in a second appeal.
Ratio Decidendi: The court held that where a question of title arises from the interpretation of proved documents, such a question is one of law and is therefore subject to examination in a second appeal. (Para 3)
Result: Appeals dismissed.
Legal Category Hierarchy
Table of Contents
2. Whether the High Court could re-examine questions of fact in a second appeal despite concurrent findings of the trial and appellate courts. (Para 2 )
3. The High Court's reliance on proved documents to establish familial interconnection and title was appropriate. (Para 1 , 3 )
4. A question of title arising from the interpretation of a proved document is a question of law, examinable in a second appeal. (Para 3 )
5. Appeals dismissed. (Para 3 )
6. Can a High Court re-examine a case in a second appeal despite concurrent findings of fact by lower courts?
Yes, if the question of title arises from the interpretation of a proved document, it is considered a question of law and can be examined even in a second appeal. (Para 3 )
7. When is the interpretation of a document considered a question of law in title disputes?
When a question of title arises specifically on the basis of the interpretation of a proved document, it is treated as a question of law. (Para 3 )
(1) IN these appeals the appellants are calling in question the correctness of the order made by the High Court in a second appeal. Respondent No. 1 - Lakshmanan brought a suit stating that he had the right of redemption in respect of certain property. The defendant also filed another suit to which the plaintiff was impleaded as defendant. Both suits were tried together. Ultimately the trial court took the view that the respondent No. 1 had not established that he is the son of Kesavan and therefore, he had no right to claim redemption. That view of the trial court was upheld in appeal by the District Court. In the second appeal, the High Court relied on two documents, the Exhibit A-9 and Exhibit A- 10. Ex. A-9 was a chitty bond executed by Lakshmi Pankajakshy, Kesavan Ramakrishnan and Kesavan Lakshmanan on 27/8/1128. Pankajakshy was referred to as belonging to Cheriya Pattur House. On that basis the High Court came to the conclusion that the interconnection between the parites were established and Ramakrishnan and Lakshmanan are sons of Kesavan and when they are connected with Pankajakshy, daughter of Lakshmi and all of them are of the same place of Pathirikari Muri. Cheriya Pattur House of Pathirakari Muri is the very same family referred to in Ex. A-10. The partition deed Ex. A-10 dated 12/6/1901 was examined and the High Court stated that the property belonged to the -members of the family Cheriyapattu Veedu situated in Pathirikarimuri. Group No. 5 therein is of Lakshmi and her minor children - Pankajakshy, Kesavan Ramakrishnan and Kesavan Lakshmanan. They divided the tarward properties. That Kesavan had two sons by name Ramakrishnan and Lakshmanan and that their mother was Lakshmi is evident from, and clearly established by this document and, therefore, it was evident that Kesavan Lakshmanan is the plaintiff in the suit was the son of Lakshmi or the descendant of Kesavan. On that basis the suit was decreed.
(2) IN view of concurrent findings of the trial court and of the appellate Court, it is urged in this appeal that the High Court could not have re-examined the question of fact and come to a different conclusion.
(3) WHEN a question of title arises on the basis of interpretation of the proved document it is certainly a question of law and necessarily such a question can be examined even in a second appeal and that is what has been done by the High Court. We do not think it proper to interfere with the High Courts judgment. The appeals are dismissed. There shall be no order as to costs.
