April 15, 2019:
Supreme Court has held that concurrent finding of fact arrived at by the subordinate courts is also binding on it.
Justice Sapre speaking for a two judges bench has passed the judgment in case titled Chandrika vs Sudama on 15.04.2019.
The dispute is between the members of two branches of a family of one Sheo Sahai, namely, one branch, which is represented by Bechu, i.e., respondents and the other branch represented by Rajbali, i.e., the appellant’s predecessor in title. The dispute relates to the land (plot Nos.248, 521, 289, 290, 294, 563, 564, 854) situated in village Hetimpur Pargana, Shahjahanpur, Tehsil Deoria.
The dispute was raised by the respondents under Section 9A (2) of the Act before the Consolidation Officer contending therein that the original appellant's father Late Rajbali surreptitiously and without any right, title and interest in the land in question got entered his name in the Revenue Records. It is this issue, which was probed by the Revenue Authorities. It was, however, decided by all the Revenue Authorities including the writ court against the original appellant’s predecessor in title and in favour of the respondents.
When the matter reached the Supreme Court, it commented upon the binding nature of finding of facts and observed as “In our considered opinion, the finding impugned in this appeal being concurrent finding of fact and was rightly held by the High Court as binding on the High Court in its writ jurisdiction, it is also binding on this Court, calling for no interference therein”.
Ultimately, the Supreme Court did not find any ground for interference and therefore dismissed the appeal.
Read the judgment here:
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