SUKH RANI Vs. NAGAR MAHAPALIKA

JUDGEMENT

(1.) KAMAL Kishore, J. This is the second civil appeal against the judgment and decree dated 30-9-1983 passed by the then District Judge, Lucknow maintaining the judgment and decree passed by the learned trial Court. The Substantial Questions of Law Nos. 4, 5 and 7 were formulated as the questions of law at the time of admission of this appeal on 5-10-1983. These questions of law are as follows: (4) Whether the appellant can at all be termed as an unauthorized occupant on the face of Paper No. C- 25. (5) Whether there was any encroachment by the plaintiff in view of the specific report given by the Advocate Commissioner to the effect that the shop over the land in suit was well within the park. (7) Whether the findings recorded by the Courts below are at all tenable in view of the fact that the same are based on complete misreading of evidence on record.

(2.) I have heard the arguments and have gone through the record.

(3.) THE Court (the first appellate Court) is under a duty to examine evidence on record and if it refuses to consider important evidence having direct bearing on the disputed issue and the error which arises as of a magnitude that it gives birth to a substantial question of law, the High Court is fully authorized to set aside the finding. This is the situation in the present case.