MATA BUX TEWARI Vs. VINOD KUMAR AND ORS.

JUDGEMENT

(1.) HEARD Mr. Q.M. Haque, learned Counsel for the appellant.

(2.) LEARNED Counsel for the appellant submits that on 24.5.2008, the Civil Judge (J.D.) dismissed the Regular Suit No. 398 of 1996 for permanent injunction filed by the appellant and thereafter, the Additional District Judge dismissed the Civil Appeal No. 72 of 2008 filed by the plaintiff -appellant. It has been brought to the notice of the Court a finding of fact has been recorded by both the Courts below. Second Appellate Court in exercise of jurisdiction under Section 100 CPC is not vested with the powers to upset or reverse the findings of fact in view of the proposition of law laid down in para 11 & 12 of the decision rendered by the Apex Court in V. Ramchandra Ayyar v. Ramalingam [ : AIR 1963 SC 302]. Relevant paragraphs 11 and 12 of the judgment are reproduced as under: -

(3.) AS the concurrent findings of fact have been recorded by the Courts below, no substantial questions arise out of the judgment and orders passed by the Courts below.