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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.MURALI SHANKAR
Junaidha Begam – Appellant
Versus
J. Mohammed Ibrahim – Respondent
| Table of Content |
|---|
| 1. second appeal process overview (Para 1 , 2) |
| 2. limitation of high court's jurisdiction in second appeals (Para 3 , 4 , 22 , 23) |
| 3. background of the parties and property claims (Para 6 , 7 , 11) |
| 4. defendants' claims and counterarguments (Para 8 , 9 , 10) |
| 5. plaintiff's burden of proof (Para 12 , 13 , 21) |
| 6. requirements for a valid hiba under mohamedan law (Para 14 , 15) |
| 7. final disposition of the appeal (Para 24) |
JUDGMENT :
The Second appeal is directed against the judgment and decree passed in A.S.No.121 of 2018, dated 18.03.2022 on the file of the II Additional District cum Sessions Court, Thanjavur confirming the judgment and decree made in O.S.No.28 of 2008, dated 25.06.2018 on the file of the learned Principal Subordinate Judge, Thanjavur.
3. At the out set, it is necessary to refer the mandate of Hon'ble Supreme Court for High Courts in deciding the second appeal under Section 100 of the Civil Procedure Code , given in the case of Gurnam Singh (dead) by LRs., and others Vs. Lehna Singh (dead) by LRs., reported in AIR 2019 SC 1441 , that the jurisdiction of the High Court in an appeal under Section 100 of the Code of Civil Procedure is strictly confined to the cas
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.
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 jurisdiction in a second appeal is limited to substantial questions of law, with no re-appraisal of factual findings made by lower courts; the burden of proof for joint family proper....
The main legal point established in the judgment is the importance of evidence in establishing the nature of the suit property and the entitlement to seek relief by way of partition, as well as the i....
The High Court's review under Section 100 of the Civil Procedure Code is restricted to substantial questions of law, with no interference allowed on factual findings absent error.
The High Court's review under Section 100 CPC is limited to substantial questions of law and does not allow re-evaluation of factual findings made by lower courts.
A partition deed made in good faith to resolve family disputes is legally binding, and claims of ownership must adhere to existing rights.
The court affirmed that items 1 and 2 of suit properties are ancestral, and items 3 to 11 are self-acquired, highlighting the plaintiffs' burden to prove family property claims.
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