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ACHAL KUMAR PALIWAL
Aslam Beg – Appellant
Versus
Sheikh Alim – Respondent
ORDER
1. This second appeal has been filed by the appellants/plaintiffs being aggrieved by judgment and decree dated 31.3.2017 passed by 2nd Additional District Judge, Shajapur in RCA No.20A/2014 whereby the first appellate Court has upheld the decree and judgment dated 29.3.2014 passed by First Additional Civil Judge, Class-I, Shajapur in RCS No.32A/2013.
2. Brief facts of the case are that one Sugrabai was owner of suit property and Sugrabai before her death i.e. in January, 2008 gave her share of suit property to the plaintiffs by way of 'Hiba' and also gave possession of suit property to the plaintiffs and since then, plaintiffs are in possession of suit property and they are cultivating the same. But after Sugrabai's death, defendants got mutated their names over suit property and plaintiffs were not informed about the same and on above grounds, plaintiffs filed suit for declaration, title and permanent injunction.
3. Learned trial Court vide judgment dated 29.3.2014 dismissed the suit filed of plaintiffs and appeal filed by plaintiffs against the judgment was also dismissed by Second Additional District Judge, Shajapur vide judgment dated 31.3.2017 passed in RCA No.20A/2014. Aga
Under the proviso, the Court should be "satisfied" that the case involves a "substantial question of law" and not a mere "question of law
(1) Status of relationship – Opinion evidence – It is open to Supreme Court to interfere with findings of fact given by High Court if High Court has acted perversely or otherwise improperly.(2) Perce....
Concurrent findings of fact can only be interfered with if they are found to be perverse or based on no evidence. High Court's jurisdiction in Second Appeal is limited to substantial questions of law....
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