Devi Prasad and Others Vs. Banshi Lal and Others

- [e.s. venkataramiah and; n.d. ojha, jj.] -- civil procedure code, 1908 - section 100 - high court's interference in second appeal with concurrent findings of trial court and first appellate court on ground of the findings being perverse and based on misreading of evidence but without discussing relevant material in support of its conclusion -- the high court has set aside the findings of the two lower courts and allowed the appeal. we feel that the judgment of the high court is highly unsatisfactory. we do not find any valid reason given by the high court for interfering with the judgment of the two courts below.e.s. venkataramiah and; n.d. ojha, jj.1. special leave is granted. we have heard the appeal. the high court has set aside the findings of the two lower courts and allowed the appeal. in the course of its judgment after setting out what the two courts below had done the high court has observed thus:“these findings are perverse and based on misreading of evidence. be that as it may, the present second appeal does involve questions of law as also substantial questions of law for determination by this court. all facts and documents have been examined by the two courts below and they are concluded by findings of facts and the findings can only be that the defendants-appellants have perfected their title and this court under section 100 of the code of civil procedure has no alternative but to re interpret the document and facts as placed at the bar by the learned counsel for the parties.in the result, the appeal succeeds and is allowed with costs throughout.”2. we feel that the judgment of the high court is highly unsatisfactory. there is no discussion of the relevant material for coming to the conclusion that the findings recorded by the courts below were perverse and were based on misreading of evidence. we do not find any valid reason given by the high court for interfering with the judgment of the two courts below. we, therefore, set aside the judgment and decree of the high court and remand the case to the high court to dispose it of afresh in accordance with law after hearing both the parties.