SHYAM LAL Vs. KESHO LAL DEAD

JUDGEMENT

(1.) This appeal arises by Special Leave from the judgment of the High Court of Allahabad in Second Appeal No. 977/ 72 dated April 2,1975. Kesho Lal, respondent No. 1, is represented by legal representatives of the appellants. He was allotted in 1948 a site by the Allahabad Improvement Trust in plot No. 184 of G. Toula. Thereon, a building was constructed. Kesho Lal filed Suit No. 69/58 for declaration that he was a sole owner of the said house and for possession from the respondents brother, Shyam Lal and his mother. Ultimately, in those proceedings the High Court by judgment and decree dated May 11,1966 held thus :

(2.) Thereafter, Kesho Lal filed the suit for partition in the First Additional Munsiff Court at Allahabad. The trial court decreed the suit and on appeal in C. A. No. 409/70, the appellate court allowed the damages for a sum of Rs. 6,00/- but dismissed the suit regarding recovery of possession and removal of the material. The High Court in the impugned judgment held that the construction at A. B, C, D and E, F, G, H were made subsequent to the judgment rendered by the High Court in earlier proceedings. Accordingly, granted the decree in favour of the plaintiff-respondents. Thus, this appeal by Special Leave.

(3.) Shri Francis, learned counsel for the appellant contended that the finding recorded by the High Court that the construction at A, B, C, D and E, F, G, H places are subsequent to the judgment is not correct. It being a finding of fact based on appreciation evidence by all the courts, we do not find that it is a case for our interference. The appeal is accordingly dismissed, but without costs.