AIR 1996 SUPREME COURT 2823 ::1996 AIR SCW 3613 ::1996 (2) RevLR 341 ::1997 (1) Civ LJ 399 ::(1997) 2 All RentCas 568 ::(1997) 1 CivilCourtC 1 ::1996 (6) SCC 223 ::(1997) 1 RecCivR 41 ::1997 ( ) All CJ 126 ::(1997) 31 All LR 285 ::(1996) 3 ICC 863 ::(1996) 2 LJR 647 ::1997 (3) LandLR 200 ::(1997) 3 UPLBEC 1677 ::(1996) 7 JT 580 (SC) ::1996 (7) JT 580

Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): K. Ramaswamy, G. B. Patnaik , JJ

Civil P.C. (5 of 1908) , S.96— Finding of fact - Trial Court's conclusion based on material on record and substantiated by weighty reasons - Granting declaration that plaintiff and heirs of her sister are owners of suit property - Appellate Court not setting aside finding of trial Court - Could not reverse the decree merely on ground of mutation entry in favour of defendant. R.S.A. No. 1253 of 1994, D/- 22-11-1994 (Punj and Har), Reversed. Evidence Act (1 of 1872) , S.114— Relying on evidence on record i.e. will by plaintiff's mother and succession certificate the trial Court held that plaintiff and her sister (whose where-abouts were not known) were the real owners of the property left by their parents. It further held that the defendant was not the daughter of the plaintiff's father. Thus the trial Court decreed the suit holding that plaintiff and heirs of her sister were entitled to half share each in the property. The First Appellate Court without focusing its attention to the weighty reasons advanced by the trial Court and without examining the materials on record in that respect even did not set aside the said finding of the trial Judge and yet reversed the decree of the trial Judge. The 1 st appellate Court was not justified in not considering the material evidence as well as reasons advanced by the trial Judge and merely coming to the ....