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Legal Case Shots

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Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Civil Property & InheritanceSupreme Court of India

Ayyavu v. Prabha

Civil Appeal · 2025 INSC 336Decided 7 Mar 2025
C.A. No.-003747-003748 of 2025 (@ SLP(C) Nos. 10838-10839 of 2022)
Justice Pankaj Mithal · Justice S.V.N. Bhatti

Background

The appellant/plaintiff sued for injunction to stop interference with a property he had purchased by registered sale deed, including a small disputed portion (about a quarter of a cent) said to contain an old well. The defendants argued the seller had retained that portion and later settled it upon the Gram Panchayat. The Trial Court dismissed the suit; the first Appellate Court reversed and ruled for the plaintiff, disbelieving the Panchayat's unregistered settlement document; but the High Court, in second appeal, reinstated the dismissal, holding a bare injunction suit could not survive without a prayer for declaration of title.

Decision Breakdown

The Supreme Court restored the first Appellate Court's decision in the plaintiff's favour. It held that the High Court, exercising second appeal jurisdiction under Section 100 CPC, is not entitled to reappreciate settled findings of fact unless they are perverse or based on a misreading of evidence - which was not the case here. Weighing the sale deed's boundaries against the Commissioner's survey report, the Court found the plaintiff's possession and title were properly established, and that the fifth defendant's unregistered, dubiously-signed settlement document had no legal effect in transferring the disputed strip to the Gram Panchayat.

Lesson Learnt

In a second appeal, a High Court cannot simply substitute its own view of the facts for that of the lower appellate court unless the earlier findings are shown to be perverse or unsupported by evidence - correctly proved title documents and survey reports carry more weight than an unregistered, unexplained "settlement" paper.

Ayyavu v. Prabha – Legal Case Shots | LegalAware