DEVI PRASAD Vs. BANSHILAL

JUDGEMENT

(1.) Special leave is granted. We have heard the appeal. The High court has set aside the findings of the two lower courts and allowed the appeal. In the course of its judgment after setting out what the two courts below had done the High court has observed thus :

(2.) We feel that the judgment of the High court is highly unsatisfactory. There is no discussion of the relevant material for coming to the conclusion that the findings recorded by the courts below were perverse and were based on misreading of evidence. We do not find any valid reason given by the High court for interfering with the judgment of the two courts below. We, therefore, set aside the judgment and decree of the High court and remand the case to the High court to dispose it of afresh in accordance with law after hearing both the parties.