DASARI NAVANEETHAMU Vs. G. RAMAKOTI REDDY AND OTHERS

JUDGEMENT

(1.) Dasari Navanecthamu filed a suit for perpetual injunction restraining the respondent-defendant from interfering with his possession in respect of the land in dispute. The trial court decree the suit which was upheld by the lower appellate court. The High Court, however, reversed the courts below, allowed the appeal and dismissed the suit of the appellant. This appeal by way of special leave is against the judgment of the High Court.

(2.) We have heard learned counsel for the parties and are of the view that the High Court, in second appeal, was not justified in reversing the concurrent findings of the courts below. The lower appellate court discussed the documentary evidence produced by the appellant-plaintiff in the following words:-

(3.) After discussing the evidence of both sides the lower appellate court upheld the judgment and decree of the trial court. Before the High Court the respondent-appellant did not raise any question of law and only asked for re-appreciation of the evidence. The High Court reversed the concurrent findings of the two courts below on the following reasoning:-