BHAGWAN SHARMA Vs. BANI GHOSH

JUDGEMENT

(1.) Heard the learned counsel for the parties. Special leave is granted.

(2.) The appeal arises out of a suit filed by the appellant for a declaration that on the strength of his possession over the suit property for a long period and certain other facts as mentioned in the plaint. According to him he acquired a statutory right described as 'thika tenancy' under the provisions of Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981. Hence he is liable not to be disturbed therefrom. He also prayed for permanent injunction restraining the respondent from interfering with his possession.

(3.) The defendant denied the averments as pleaded by the plaintiff and contended that the suit was fit to be dismissed. The trial court accepted the defendant's case and dismissed the suit. On appeal by the plaintiff-appellant the first appellate court reconsidered the evidence led by the parties and recorded findings of fact in favour of the plaintiff-appellant, and on that basis decreed the suit. The respondent moved the High Court by way of Second Appeal under Section 100 of the Code of Civil Procedure. It was urged that the findings of fact in favour of the plaintiff in the judgment under challenge before the High Court were illegal. The High Court agreed with the defendant, allowed the second appeal and dismissed the plaintiff's suit by the Judgment which is impugned in the present appeal.