Today, i.e. on 5th April 2019, in the matter of T. Ramalingeswara Rao (Dead) Thr. LRs. & Anr. v. N. Madhava Rao & Ors, the Hon’ble Supreme Court pronounced that the trial court’s concurrent findings of fact based on appreciation of facts and evidence are binding on the High Court and can’t be interfered with by the High Court unless such findings are found to be against any provision of law or against the pleading or evidence or are found to be wholly perverse.
The Hon’ble Supreme Court observed that:
When the two Courts below have recorded concurrent findings of fact, which are based on appreciation of facts and evidence, such findings being concurrent in nature are binding on the High Court. (Para 12)
It is only when such findings are found to be against any provision of law or against the pleading or evidence or are found to be wholly perverse, a case for interference may call for by the High Court in its second appellate jurisdiction. (Para 12)
The possession of one cosharer is possession of all cosharers, it cannot be adverse to them, unless there is a denial of their right to their knowledge by the person in possession, and exclusion and ouster following thereon for the statutory period. (Para 17)
Purchasers of the suit property from one of the cosharers steps into the shoes of their vendor (cosharer) and, therefore, have a right to defend their title and possession against the other cosharer. (This inference has been drawn on the basis of Para 19)
Copy of judgement: Judgement_05-Apr-2019