2001 (4) TMI 922

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.... The respondent-plaintiffs filed a suit for declaration that they, along with Defendant 1 were the joint owners in possession of the suit property and also for a declaration that gift deed bearing No. 3041/65 and the two sale deeds dated 28-2-1989 were ineffective insofar as the rights of the plaintiffs are concerned. The suit was dismissed by the trial court. A perusal of the order of the tria....

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....aration as prayed for ?" After deciding these questions in favour of the respondent-plaintiffs, the High Court set aside the judgment and decree of the trial court and allowed the first appeal. Aggrieved, this appeal has been filed by special leave by the appellant-contesting defendants. We have carefully perused the judgment and decree of the High Court in the first appeal. We find that sub....

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....nds on which the trial court had dismissed the suit. Sitting as a court of first appeal, it was the duty of the High Court to deal with all the issues and the evidence led by the parties before recording its findings. It has failed to discharge the obligation placed on a first appellate court. The judgment under appeal is so cryptic that none of the relevant aspects have even been noticed. The app....

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....the issues arising along with the contentions put forth, and pressed by the parties for decision of the appellate court." "While reversing a finding of fact the appellate court must come into close quarters with the reasoning assigned by the trial court and then assign its own reasons for arriving at a different finding. This would satisfy the court hearing a further appeal that the first....