SURESH THAKUR Vs. JAG NARAIN

JUDGEMENT

(1.) This second appeal has been preferred against the judgment and order dated 19.5.1977 passed by 1st Additional District and Sessions Judge, Ghazipur in Civil Appeal No. 156 of 1976 affirming the findings recorded by IV Additional Munsif, Ghazipur by judgment and decree dated 22.5.1976.

(2.) The Trial Court had dismissed the plaintiff's suit on 22.5.1976 and being aggrieved, the appeal was preferred, which was also dismissed by the First Appellate Court on 19.5.1977.

(3.) A perusal of the judgment and order rendered by the two Courts below reveal that both the Courts below had recorded findings of fact that the plaintiff was neither owner nor in possession over the land in dispute. It was barred by principle of Estoppel and Acquiescence the Trial Court had taken note of the oral and documentary evidence. The Trial Court had framed five issues covering the dispute. The Trial Court had also considered the Amin's report and other materials available on record. Contradictions were found in the statements of plaintiff's witnesses. Even in the plaintiff's statement, there were contradictions regarding identity of the property. The Trial Court had noticed all these contradictions while deciding issue No. 1. It was not in consonance with the revenue entries, plot No. 1468 covered the land in dispute, which was in the name of Swarath Pandey and others. In the Amin's report it was mentioned that the same was inside the wall not outside on the eastern side. The plaintiff has failed to demonstrate the plot numbers and identity of the plot and other details like existence of doors, whether it was opened or closed. Both the Courts below had considered the material on record and arrived at the conclusion that plaintiff has failed to establish his case and he was not in a possession over the land in dispute. Factual disputes was set at rest by the two Courts below.