Second appeal jurisdiction permits interference with concurrent findings when perversity or misreading of evidence causes injustice.

Concurrent findings of fact can be interfered with in second appeal under Section 100 CPC when they rest on perversity, misreading of evidence, contradictory assumptions, or an erroneous legal approach causing injustice. In this dispute over whether property was wakf property, the courts below had proceeded on unsupported and inconsistent assumptions about acquisition of the property, the validity and acceptance of the gift and wakf deeds, and the effect of earlier proceedings. The Supreme Court held that the High Court correctly identified these defects and did not exceed the limits of second appellate jurisdiction. The challenge failed and the High Court's judgment was left undisturbed.

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Issues: Whether the High Court exceeded the limits of second appellate jurisdiction under Section 100 of the Code of Civil Procedure, 1908 by interfering with concurrent findings of fact and by holding the disputed property to be wakf property.

Analysis: Concurrent findings of fact are not immune from interference in second appeal where they are shown to rest on an erroneous legal approach, perversity, surmise, or misreading of the evidence. The record showed that the courts below had proceeded on contradictory and unsupported assumptions regarding the source of acquisition of the property, the validity and acceptance of the gift and wakf deeds, and the effect of the earlier proceedings. The High Court identified these infirmities and interfered to prevent a miscarriage of justice, without transgressing the proper limits of Section 100.

Conclusion: The High Court's interference was justified, and the challenge to its findings failed.

Final Conclusion: The appeal was dismissed, and the judgment of the High Court was left undisturbed.

Ratio Decidendi: Concurrent findings of fact may be interfered with in second appeal where they are vitiated by perversity, misreading of evidence, or an erroneous view of law causing injustice.

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