JUDGMENT Kurian, J. Leave granted. 2. The appellants preferred an appeal before this Court aggrieved by the Judgment passed by the High Court in second appeal upsetting concurrent findings of fact without entering into the finding on perversity. 3. According to the High Court, the date of death of Sham Kaur is irrelevant whereas it is a crucial factual aspect for deciding the us. This is just one example. In such circumstances, learned counsel on both sides submit that the matter mayrequire consideration afresh by the High Court and, hence, the appeal may be remitted to the High Court. 4. We find no reason to deny the joint request. The order of the High Court is set aside. The second appeal is remitted to the High Court for consideration afresh. We make it clear that all contentions are left open. 5. The appeal consequently is disposed of.