Supreme Court · 1999 INSC 346 · Decided 20 August 1999
Ram Kumar Aggarwal and ANR. v. Thawar Das (Dead) Through LRS.
- Court
- Supreme Court of India
- Citation
- 1999 INSC 346 · [1999] SUPP. 1 S.C.R. 641
- Case number
- CIVIL APPEAL No. 2735/1985
- Decided
- 20 August 1999
- Bench
- S. RAJENDRA BABU, R.C. LAHOTI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100; Constitution Article 136; Transfer of Property Act Section 106, 53A; Specific Relief Act Section 16(c)
Headnote
A B Code of Civil Procedure, I 908-Section I 00-Scope of Second Appeal­ Held, jurisdiction of High Court is confined to hearing on substantial question of law-Interference with finding of fact by the High Court not warranted if it involves re-appreciation of evidence-In the present case, on missed question of law and fact has been upset despite upholding the basic finding of fact recorded by the courts below and plea involving a mixed question of law and fact has been allowed to be urged for the first time and upheld by ~~~~ D Specific Relief Act, 1963-Section 16(c)-Readiness
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