Supreme Court of India
Ramalingeswara Rao (dead) Thr. Lrs. & Anr. v. N. Madhava Rao & Ors.
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What the Court ordered
In view of the foregoing discussion, we allow the appeal, set aside the impugned order and restore the judgment/decree of the Tri al Court/First Appellate Court which dismissed the suit filed by respondent Nos.1-3 (Plaintiffs).
Judgment, page 6
From the headnote
Appeal: Second appeal – Concurrent findings of fact s by courts below – Interference by the High Court – Justif ication of – Held: Trial court and the first appellate court on a ppreciating the evidence of the parties came to a conclusion that the plaintif fs failed to prove the ingredients necessary for the grant of perpetual injunction – When the courts below have recorded co ncurrent findings of fact against the plaintiffs, based on appreciatio n of facts and evidence, such findings are binding on the High Cour t – It is only when such findings are found to be against any pro vision of law
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