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Supreme Court of India · 01/05/2019

THULASIDHARA & ANOTHER versus NARAYANAPPA & OTHERS

[2019] 8 S.C.R. 212 · 2019 INSC 603

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Summary

The High Court exceeded second-appeal jurisdiction by reappreciating evidence and reversing concurrent findings without a genuine substantial question of law. The plaintiff’s registered deeds did not defeat the defendants’ case that the earlier sale was nominal and did not bind their predecessor. A proved Palupatti recording an admitted oral family partition did not require registration on these facts and could also corroborate the arrangement. Dismissal of the title and injunction suit was restored.

Issues

  1. Whether the High Court could reverse the concurrent factual findings in second appeal.
  2. Whether a stranger to a sale deed needed independent cancellation proceedings to dispute its effect.
  3. Whether the Palupatti recording the family partition could be considered without registration.

Held

Result

High Court judgment set aside. Trial court and first appellate court judgments dismissing the plaintiff’s suit restored; suit dismissed. No costs.

Judgment PDF: Supreme Court of India, [2019] 8 S.C.R. 212.