B.NIRMALA Vs. P.SHYLAJA

JUDGEMENT

(1.) THE defendant is the appellant. The suit was for declaration of title and recovery of possession of the plaint 'B' schedule property. The trial court dismissed the suit holding that the plaintiffs could not prove their title. A counter claim was filed by the appellant. The suit and the counter claim were dismissed by the trial court. The plaintiffs filed appeal. A Cross Objection was filed by the defendant challenging the dismissal of the counter claim. As per a common judgment passed by the lower appellate court, the appeal filed by the plaintiffs was allowed granting recovery of possession of plaint 'B' schedule property. A prohibitory injunction was also granted restraining the defendant/appellant herein from making any construction or modification in the plaint schedule property. The Cross Appeal was dismissed.

(2.) THE following substantial questions of law have been framed in this RSA : -

(3.) IT is submitted by the learned Senior Counsel appearing for the appellant that the trial court has appreciated the evidence in the correct perspective and so, the lower appellate court was not justified in reversing the same and granting a decree in favour of the plaintiffs especially when no convincing evidence was adduced by the plaintiffs to get a decree for declaration in respect of the land which was in excess of what was covered by Exts.A1 to A3 and to grant recovery of possession in favour of the plaintiffs.