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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
T.Robert Willson – Appellant
Versus
T.Sheela – Respondent
| Table of Content |
|---|
| 1. background of the appeal and cases (Para 1 , 2 , 3) |
| 2. supreme court guidelines on appeal (Para 4 , 5) |
| 3. plaintiff's claim and reasons for suit (Para 7) |
| 4. defendant's admission and counterclaims (Para 8) |
| 5. court's analysis of evidence and decisions (Para 11 , 12 , 17 , 18) |
| 6. principles on res judicata and substantial question of law (Para 15 , 19) |
| 7. conclusion and order of dismissal (Para 20) |
JUDGMENT :
K. Murali Shankar, J.
The Second appeal is directed against the judgment and decree made in A.S.No.5 of 2019, dated 27.09.2024 on the file of the Additional District and Sessions Court, Padmanabapuram, confirming the judgment and decree passed in O.S.No.228 of 2011, dated 05.07.2018, on the file of the Sub Court, Padmanabapuram.
2. The appellant is the defendant. The respondent/plaintiff filed a suit to declare that the suit property belongs to her and to recover the possession of the suit property from the defendant.
3.The appellant/defendant filed a written statement and contested the suit. The learned Subordinate Judge, after framing necessary issues and after full trial, passed a judgment and decree, dated 05.07.2018, decreeing the suit as prayed for, granting two m
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....
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....
Registered attested documents like settlement deeds require proof of execution under S.68/69 Evidence Act; registration presumes no validity when challenged.
The High Court's jurisdiction in second appeals is limited to substantial questions of law without re-evaluating the evidentiary findings of the trial courts.
Civil Law - Recovery of khas possession - It is a settled law that entry of names in records of right does not vest any ownership over the said land and is only indicative about the possession over s....
(1) Second appeal – Question of law for consideration will not arise in abstract but in all cases will emerge from facts peculiar to that case and there cannot be a strait-jacket formula.(2) Second a....
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 appellate court misdirected its assessment, failing to recognize that property ownership and identity were sufficiently proven by prior deeds and tax records.
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