SUPREME COURT OF INDIA

Before:- S.P. Bharucha and Y.K. Sabharwal, JJ.

Civil Appeal Nos. 130-131 of 2001 (Arising out of S.L.P.(C) Nos.3647-3648/2000). D/d. 05.1.2001.

Hameedunnisa - Appellants

Versus

Chand Bee & Ors. - Respondents

Civil Procedure Code, 1908, Section 100- Second appeal- Substantial question of law - Non formulation of - Finding of fact interfered with - Order set aside and matter remitted.

[Para 2]

ORDER

1. Leave granted.

2. The appeals are directed against the judgment and order of a learned Single Judge of the High Court at Andhra Pradesh. It was a common order passed on two second appeals and two civil revision petitions. No question of law was framed. Despite the submission on behalf of counsel for the present appellant before the High Court that the High Court could not interfere with the findings of fact recorded by the First Appellate Court, the High Court went into the evidence and, on a reappraisal thereof, set aside the judgment and orders of the First Appellate Authority. The High Court was wrong. In the first place, it should have framed a question of law, if any arose. In the second place, it could not have gone into the evidence and appraised it afresh. The appeals must, therefore, be allowed and the judgment and orders under appeal set aside. The Second Appeals (Nos.570 and 571 of 1992) and Civil Revision Petitions (Nos.692 and 706 of 1994) are restored to the file of the High Court to be heard and disposed of afresh, keeping in view the constraints imposed upon the High Court by law. This shall be done expeditiously. Pending the disposal of the appeals, the status quo as to possession shall be maintained and no demolition shall take place. Order on the appeals accordingly.

3. No order as to costs.

.