DAMODAR LAL Vs. SOHAN DEVI

JUDGEMENT

(1.) The facts unfold the plight of a poor landlord languishing in courts for over fourty years. The case gets sadder when we note that appellant had been successful both in the trial court and the first appellate court and the saddest part is that the High Court in second appeal, went against him on a pure question of fact.

(2.) Issue number -3 framed in Civil Regular Suit No. 191 of 1974 for eviction on the ground of unauthorised construction/material alteration, decided on 21.12.1989 in the Court of Munsiff, Bhilwara, Rajasthan, reads as follows:

(3.) Having analysed and appreciated the evidence of PWs -1 and 2 and also DWs - 1 to 4, the trial court came to the following finding on the issue: