Concurrent finding on possession can be disturbed in second appeal when vital compromise and eviction documents are ignored.

Concurrent findings on possession may be interfered with in second appeal where material documentary evidence has been ignored and the finding is therefore vitiated. Documents showing surrender and compromise, together with orders in the eviction proceedings, were treated as vital to determining possession, and the High Court's reassessment of the evidence was upheld as permissible. No infirmity was shown in the High Court's intervention, and no further interference was warranted.

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Issues: Whether the High Court was justified in interfering in second appeal with the concurrent finding on possession and decreeing one suit while dismissing the other.

Analysis: The finding on possession recorded by the courts below was held to be vitiated because material documentary evidence bearing on surrender and compromise was ignored. The documents evidencing compromise and the orders passed in the eviction proceedings were treated as vital to the determination of possession. In these circumstances, interference in second appeal was found permissible, and the High Court's reassessment of the evidence was not shown to suffer from infirmity.

Conclusion: The High Court's interference was upheld and no ground for further interference was made out.

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