Property Lawyer: The High Court in second appeal cannot interfere with finding of fact, how gross or inexcusable the error may be; SC.

Supreme Court of India

Justice Hemant Gupta & Justice L Nageswara Rao

The SC {Randhir Kaur versus Prithvi Pal Singh and others} holds that the High Court in second appeal cannot interfere with the findings of fact on the ground that findings are erroneous, however, gross or inexcusable the error may seem to be. It was further held that the findings of fact will also include the findings on the basis of documentary evidence. It was held that the jurisdiction to interfere in the second appeal is only available when there is an error in law or procedure, but not, merely on a question of fact.

In the said case, the High Court of P & H had reversed the concurrent findings of the courts below in second appeal, by re-appreciating the facts. Accordingly, the judgement of the High Court was set aside by the SC, and the respondent was directed to execute the sale deed in respect of the suit property - as the suit for specific performance was decreed by the courts below.