We are bound by the concurrent findings of Lower Courts, says SC

  • August 2, 2017
  • 9:25 am
  • yuvraj_goswami_16

The Supreme Court while dismissing an appeal said that the Court is bound by the concurrent findings by the lower courts namely the Trial Court, The First Appellate Court and the High court. It means that if all these lower courts find the same reasoning to a particular of law, then the Supreme Court would be bound by such concurrent finding.

In the instant case, there were two brothers who shared a property and one of these brothers had sold his property to the other. It was written in the agreement among other things that the consideration was 5 lakhs and that 4 lakhs had been paid in cash and the rest of the money was to be paid during the execution of the sale deed. It was alleged that the seller (petitioner) did not perform his part of the contract by executing the sale deed in the respondent brother’s favor.

The counsel for the petitioner argued that the charges had been framed and that there was no such agreement which had taken place between the parties. The signature was given by the petitioner to the respondent on a blank paper in respect for some other suit. It was alleged that the respondent brother had misused the signature to make it the agreement for the sale of petitioner’s property.
The Trial Court, the First Appellate Court and the High Court ruled against the petitioner saying that the agreement in no way seems to be made fraudulently and that it seems to be genuine and this was observed by the courts below.

Hence, the Supreme Court said that when all the courts below had ruled in favor of a particular finding, the SC which is the highest court of appeal would be bound by such concurrent finding.