Sundarambal and Another vs Arumugham (Dead) by Lrs.

M.JAGANNADHA RAO, J.-This is an application for review of the judgment of this Court dated 29-4-1999. It was held that the High Court ought not to have interfered with the finding of fact arrived at by the lower appellate court which decreed the plaintiffs suit reversing the decree of the trial court.

The point raised in the review petition is that the lower appellate court relied only on the voters'' list (Ex. A-15) which does not have probative value and not on any other evidence. Thus, the finding of the appellate court is to be treated as based on no evidence.

This contention in our view, is not correct. The lower appellate court relied upon the evidence of PWs 1 to 4 and, in particular, the evidence of PW4 who stated that he knew that the plaintiff was the son of the late Haritheertham. Another document, Ex. A-14, the plaint filed by the cooperative society was also relied upon. In addition, the oral evidence adduced by the defendant was rejected. Therefore, the judgment of the lower appellate court was based on other material also and the High Court could not interfere with that judgment in second appeal, treating it as one based on no evidence. Therefore, the judgment dated 29-4-1999 of this Court when it stated that there was evidence before the lower appellate court other than the voters'' list, Ex. A-15, no factual mistake was committed.

There are no grounds for review. The same is dismissed accordingly.