HARI CHAND SAINI Vs. UDAY RAJ AND ORS.

JUDGEMENT

(1.) RSA 168/2016 - This Regular Second Appeal under section 100 of Code of Civil Procedure, 1908 has been filed by the appellant/plaintiff impugning the concurrent findings of the Courts below i.e. order dated 12th February, 2015 passed by learned Trial Court in CS No.61/2014 whereby the suit has been dismissed holding that the plaintiff has concealed the material facts which was evident from the record thus there was no requirement of adducing evidence on said facts, the order dated 23rd May, 2016 passed in M.C.A. No.03/2015 whereby the First Appellate Court upheld the decision of the learned Trial Court and dismissed the appeal.

(2.) The Civil Suit No.61/14 was filed on 26th June, 2014 by the appellant/plaintiff Hari Chand Saini impleading Uday Raj and his wife Pinki as well as SHO, PS Inderpuri as defendants pleading that he had been running nursery on a piece of land measuring 4,000 sq. yds which was taken on rent from Sh. Ram Singh Rawat (now deceased, represented through his LR i.e. respondent No.3). He had been running nursery under the name and style of M/s Sainik Nursery for about 30-40 years.

(3.) However, the intention of the erstwhile owner Sh. Ram Singh Rawat became dishonest and at his instance the respondent No.1/defendant No.1 and his wife - respondent No.2/defendant No.2 started causing hindrance in the enjoyment of the property and also caused damage to the nursery.