G R Channappa vs Channaiah on 25 September, 2019
In this regard,
the decision relied by the learned Counsel for the
plaintiff in the case of Dolfy A.Pais Vs. Lalitha
Therasa Sequiera reported in ILR 2005 KAR 4137
would lend credence to the finding given by the First
Appellate Court. It is a well settled proposition of law
that the appellate Court has jurisdiction to reverse or
affirm findings of the Trial Court. However, the
Appellate Court must give findings and reasons that
if the appraisal of the evidence by the Trial Court
suffers from material irregularity or is based on
inadmissible evidence or on conjectures and
surmises, the Appellate Court is entitled to interfere
with the finding of fact. Therefore, in the light of the
discussion above, this Court is of the opinion that the
finding given by the First Appellate Court that the
Trial Court, in fact, committed an error in
appreciating the evidence on record, cannot be
faulted.