IMPORTANT POINT
High Court can interfere in second appeal when finding of the First Appellate Court is not properly supported by evidence.

JUDGMENT

Pinaki Chandra Ghose, J.

1. This appeal has been filed assailing the judgment and order dated July 22, 2003 passed by the High Court of Judicature at Madras in Second Appeal No.1806 of 1992. The High Court after perusing the facts and the evidence on record by the said judgment and order allowed the second appeal confirming the order of the Trial Court and setting aside the order passed by the first appellate court.

2. The brief facts of the case are as follows: The respondents herein (plaintiffs before the Trial Court) filed a suit for declaration and injunction with regard to the properties described as schedule "A" and schedule "B" properties and the Trial Court passed the decree in favour of the plaintiffs for both the schedule properties. Assailing the said Trial Court's decision the appellant herein filed an appeal before the Lower Appellate Court. The Lower Appellate Court confirmed the "B" schedule property in favour of the plaintiffs (respondents herein) but reversed the decree with regard to "A" Schedule property culminating in filing the second appeal.

3. The plaintiffs, respondents herein, filed Original Suit No. 59 of 1985 before the District Munsif Court at Polur as the legal heirs of deceased Ponnangatti Gounder. The disputes pertained to the properties which were held by deceased Ponnangatti Gounder and his first wife who pre-deceased him. Ponnangatti Gounder acquired the suit "A" schedule property through succession from his ancestors. The suit property mentioned as schedule "B" property was purchased by Muniammal by registered conveyance deed dated September 14, 1970. Both were in possession and enjoyment of Ponnangatti Gounder and Muniammal and after their death the plaintiffs were and are in possession of the said properties. After the death of Muniammal, it is alleged by the first defendant and her brother, the second defendant that the said Ponnangatti Gounder married the first defendant as a result whereof she made a claim over the suit property.

4. Issues were framed by the Trial Court and after assessing the evidence, both oral and documentary, the Trial Court decreed the suit for both "A" and "B" schedule properties in favour of the plaintiffs. Assailing the said decree an appeal was preferred by the present appellant before the First Appellate Court. The First Appellate Court reversed the decree in respect of the schedule "A" property in the suit. Assailing such judgment and decree, second appeal was filed before the High Court by the plaintiffs.

5. So far as the dispute, as it appears, cannot be extended with regard to schedule "B" property which belonged to Muniammal, since it was purchased by her on September 14, 1970 through Ex.B-6 in respect of which the decree passed by the Trial Court was confirmed by the Lower Appellate Court, the defendant has no claim over the same. The dispute between the parties is only in respect of the schedule "A" property in the suit. Looking at the facts of the case, the primary question as it appears to us, which has to be dealt with is whether the first defendant, the appellant herein, is the second wife of the deceased Ponnangatti Gounder and whether she is entitled to have a share in the suit "A" schedule property.

6. The High Court dealt with the matter at length. It is stated by the appellant herein before the Trial Court that Muniammal died ten years ago i.e. in 1976. It is further stated that on December 15, 1977 Ponnangatti married to the first defendant, the appellant herein in the Devasthanam of Sri Perianayaki Saneda Kanagagiri Eswarar at Devikapuram. To prove the factum of marriage, she produced a temple receipt before the High Court being Ex.B-8 which was produced from the lawful custody of the trustee of the temple. Exs.B-9 and B-10 were also produced and said to be the accounts for the gifts made at the time of the said marriage. The first defendant/respondent also produced Exs.B-1 and B-2 which are the voters list of 1978 and 1983 wherein it appear