AIR 2019 SC 3056 ::AIROnline 2019 SC 452 ::AIR 2019 SC (Civil) 2234 ::(2020) 2 Mad LW 518 ::2019 (3) KCCR SN 208 (SC) ::(2019) 135 All LR 884 ::2020 (2) Hindu LR 663 ::(2019) 4 AndhLD 294 ::(2019) 4 Cal HN 209 ::(2019) 6 ADJ 718 (ALL) ::(2019) 4 All WC 3793 ::(2019) 2 CurCC 299 ::(2019) 3 ICC 322

Supreme Court Of India

Hon'ble Judge(s): L. Nageswara Rao, M. R. Shah , JJ

(A) Civil P.C. (5 of 1908) , S.100— Second appeal - Powers of High Court - High Court setting aside the finding of fact recorded by lower courts by re-appreciating entire evidence on record including documentary evidence - Second appeal permissible only on substantial question of law and not on question of facts or of law - Question of law can not be the substantial question of law - High Court not justified in setting aside the findings of facts recorded by Courts below unless and until it found to be manifestly perverse and/or contrary to evidence on record. Second Appeal No. 4 and amp; 5 of 2009, D/- 14-6-2013 (Mad), ReversedAIR 2000 SC 426, Rel. on. (Para 8.2 8.4 8.5) (B) Hindu Law - Joint family property - Suit for partition - Joint family property or self-acquired property - Property proved to be the self acquired property of father of plaintiff because properties were obtained by him not from his direct male ancestors but from his mother's sister's husband - Merely because father and his two sons were residing together and some loan on land taken by all of them, it cannot be said that there was a blending of suit properties with the ancestral properties by father - However loan was rep....