MISRI LAL NAYAK Vs. MT SURJI

JUDGEMENT

(1.) This is an appeal by special leave from a judgment and decree of the High Court of Judicature at Patna dated 15 May 1946, reversing in second appeal the judgment and decree in first appeal of the Additional Subordinate Judge of Darbhanga dated 24 August 1943, and dismissing the appellant's suit

(2.) The contention of the appellant is that the learned Judge who heard the second appeal in the High Court reversed decisions of fact arrived at by the lower Appellate Court, and that in so doing he acted contrary to the provisions of S. 100, Civil P. C. It is settled law that in view of that section a High Court has no power in second appeal to question findings of fact reached by the first Appellate Court which there was evidence to support.

(3.) The property in suit originally belonged to one Bihari Paswan, who, on 24 February 1908, by a sale deed, Ex. A, sold the property to Mukh Lal. The deed provided that part of the purchase money should be applied in remitting a mortgage held by Mangni Ram. By deed dated 13 July 1991, Ex. A (2), Mukh Lal purported to sell the property to the wife and two minor sons of Mangni Ram. In the year 1928 one Santi Nayak, father of the appellant, obtained a money decree against Mangni Ram and Mukh Lal on a promissory note signed by them. In execution of this decree, the property in suit was sold by the Court and was purchased by Santi Nayak on 16 November 1928. The purchaser took no steps to obtain possession of the property which he had purchased.