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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
P. Kalaiselvan – Appellant
Versus
S. Rama Kazhanjiyam – Respondent
JUDGMENT :
K. Murali Shankar, J.
The Second Appeal is directed against the judgment and decree made in A.S.No.7 of 2021, dated 23.01.2025, on the file of the Additional Subordinate Court, Tenkasi, confirming the judgment and decree passed in O.S.No.203 of 2018, dated 09.03.2020, on the file of the Principal District Munsif Court, Tenkasi.
2. The appellant is the defendant. The respondent/plaintiff filed a suit for recovery of possession of the suit property, mandatory injunction for removal of asbestos sheet put up by the defendant in the suit property, rent arrears and for compensation for use and occupation of the suit property. The defendant filed his written statement and contested the suit. The leared Principal District Munsif, Tenkasi, after framing necessary issues and after full trial, passed a judgment and decree, dated 09.03.2020 directing the defendant to vacate and hand over the possession of the suit property within two months, granting mandatory injunction directing the respondent to remove the asbestos roofing within two months and to pay Rs.1,300/- as rental arrears and also to pay Rs.50/- per month towards compensation for use and occupation of the suit property till
High Courts in second appeals under Section 100 of the Civil Procedure Code do not review factual findings unless substantial questions of law are presented.
The High Court's review in appeals under Section 100 of the CPC is limited to substantial questions of law; it cannot re-assess factual findings or interfere with the first appellate court's discreti....
The High Court's jurisdiction in second appeals is limited to substantial questions of law; factual findings by lower courts are upheld unless exceptional circumstances exist.
The High Court's jurisdiction under Section 100 CPC is limited to substantial questions of law, not factual disputes, and dismissal of a previous suit for default does not invoke res judicata if base....
A tenant inducted by a mortgagee loses tenancy rights upon mortgage redemption, absent a direct contract with the mortgagor.
The High Court's jurisdiction in second appeals under Section 100 CPC is confined to substantial questions of law; it should not reassess factual findings.
The High Court's jurisdiction under Section 100 CPC is limited to substantial questions of law, not to disturb factual findings by lower courts without valid grounds.
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