Case Note & Summary
The High Court dismissed a Second Appeal in a land dispute case where the appellants sought restoration of a Trial Court decree granting permanent injunction for entire agricultural land -- The First Appellate Court had partly allowed the appeal by maintaining injunction only for portion of the land -- The High Court examined whether substantial questions of law arose under Section 100 of Code of Civil Procedure, 1908 (CPC) -- The Court found that the Appellate Court had properly appreciated evidence including document Ex.107 and witness testimony -- The findings were not perverse or based on no evidence -- Since no substantial question of law was involved, the Court declined to interfere with the factual findings -- The appeal was dismissed upholding the First Appellate Court's judgment.
Headnote
The High Court dismissed a Second Appeal filed under Section 100 of Code of Civil Procedure, 1908 (CPC) challenging the First Appellate Court's judgment that partly allowed the appeal and modified the permanent injunction decree -- The appellants had sought permanent injunction for agricultural land bearing Survey No.517 -- The Trial Court had granted injunction for entire 5 Acres 5 Gunthas -- The First Appellate Court maintained injunction only for 2 Acres 5 Gunthas and set aside injunction for remaining 3 Acres -- The High Court held that no substantial question of law arose for consideration -- The Appellate Court's appreciation of evidence including document Ex.107 and testimony of witness Chanchiben was within its jurisdiction -- The findings were based on proper evaluation of evidence and not perverse -- The scope of interference under Section 100 CPC is limited to substantial questions of law only -- The appeal was dismissed with no order as to costs.
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Issue of Consideration: The Issue of Consideration was whether the First Appellate Court committed any error warranting interference under Section 100 of Code of Civil Procedure, 1908 (CPC) in a land dispute case involving permanent injunction
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Final Decision
The High Court dismissed the Second Appeal -- The Court held that no substantial question of law arose for consideration -- The First Appellate Court's appreciation of evidence was proper and findings were not perverse -- The scope of interference under Section 100 CPC is limited to substantial questions of law only -- The appeal was dismissed with no order as to costs
