Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Execution of agreement was disbelieved by both the Courts below and have noticed that agreement in question is suspicious - Moreover, plaintiff cannot be held entitled for specific performance of agreement considering his conduct of delay of 30 years and other attending circumstances..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that plaintiffs along with defendants are joint owners - First appellate Court correctly interpreted S.6 of Hindu Succession Act and thereafter applied, which resulted in reduction of share of plaintiffs - Findings recorded by First Appellate Court are in tune with law and there is no..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings - Not to be interfered in second appeal unless same suffer from perversity and re-appreciation of evidence to draw a different conclusion than taken by Courts below - Even if finding of fact may be incorrect, same is not scope for interference at the stage of second appeal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact in relation to encroachment over portion of 3 inch of gali in question by defendant - Documents of sale deed of defendants himself do not support defence taken by defendant - No substantial question arises in second appeal - Second appeal dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Re-appreciation of evidence is not permissible in second appeal unless and until there is some illegality or perversity in findings of impugned judgment...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Question of law - Inadequacy of evidence or different reading of evidence is not a perversity nor any wrong findings of fact by itself constitutes a question of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession and permanent injunction - Concurrent findings of two Courts below that suit property is in possession of defendant since 1983 whereas suit was led on 2010 - Said findings cannot be said to be perverse - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - Objections by third party - Executing Court is not obliged to determine a question merely because resistor or objector has raised it - Question which executing Court is obliged to determine U.O.21.R.101 CPC must possess two adjuncts: (a) such question should have legally arisen between parties..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Death of defendant No.1 during pendency of second appeal - Entire allegation about attempt being made to interfere with possession and enjoyment of suit property has been made against defendant No.1 in his individual capacity - Allegation that was made by plaintiff should confine..........
Civil Procedure Code, 1908, Section 100, Order 6, Rule 17 -- Second appeal - Amendment in memo of appeal - Appeal not admitted - Facts and grounds mentioned in the memorandum of appeal do not amount to improvement of basic pleadings of parties and even can be argued orally - Therefore, if additional facts and grounds as proposed by appellants are allowed to be amended in..........
