SUNAHRI LAL Vs. CHURAMAN

JUDGEMENT

(1.) THIS second appeal is preferred against the order of learned Additional Commis­sioner, dated 4-10-85 in which Additional Commissioner has allowed the appeal and suit of Sunahri Lal present appellant has been dismissed.

(2.) HEARD the learned Counsel for the appellant and perused the file of the Courts below.

(3.) I have closely and carefully con­sidered the contentions raised by the learned Counsel for the parties and have also gone through the relevant records on file. On a close scrutiny of the records it is crystal clear that the defendant/appellant and plaintiff respondent Akhtar are real brothers and as such the plaintiff/respon­dent has 1/2 share over the disputed land. The learned trial Court has properly analysed, discussed and considered the material and relevant facts and cir­cumstances of the instant case and has right­ly decreed the aforesaid suit on 20-12-96. The learned lower appellate Court has also examined the points at issue in correct perspective of law and has correctly dis­missed the appeal. From a bare perusal of the records it is manifestly clear that the defendant/appellant has miserably failed to adduce any cogent and convincing evidence so as to prove his claim to the effect that the plaintiff/respondent Akhtar is not his real brother. As such the aforesaid impugned orders are sustainable, well founded and wholly warranted in law.