RAJINDER SINGH BHATIA Vs. RAMESH SURI ANAND

JUDGEMENT

(1.) Rajinder Singh Bhatia, by this appeal hassought reversal of the judgment and decree passed by the learned Trial Courtas well as the order of the First Appellate Court, whereby possession of theBarsati floor of property No. C-342, Defence Colony, New Delhi has beenordered to be restored to the respondent. Decree for damages has also beenpassed.

(2.) The impugned orders have been assailed on the ground that theCourt below having had that appellant was not a trespasser and his possession being permissive aught to have dismissed the suit.

(3.) Counsel for the respondent took up a preliminary objection regarding the maintainability of this appeal. According to him the appeal doesnot raise any question of law what to say of substantial and specific questionof law. Whether the appellant was a trespasser or licence, the Court belowarrived at that decision after appreciating the whole evidence. This Courtin second appeal cannot reappreciate the same evidence. The discretion cannot be exercised even though two views are possible on the facts and circumstances which have come on record. Since in this appeal no substantialquestion of law has been raised, appeal must fail.