Supreme Court of India
Mahaboob v. Maktumsab
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From the headnote
Code of Civil Procedure, 1908 - s.100: Second appeal - Interference with question of fact - Suit for declaration of title in respect of property- Decreed by Trial Court- Order upheld by First Appellate Court- Second appeal - High Court modified the decree passed by Courts below - Justification of - Held: Not justified - High Court erred in interfering on a question offact which was not permissible under s.100 CPC. Appellant filed suit for declaration of title in respect of property, which according to him came to the share of his father pursuant to a partition in the year 1973. The defendant
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