RAKESH KUMAR Vs. JAMUNA PRASAD AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the records.

(2.) The instant second appeal has been preferred against the judgment and decree dated 21.02.2013, passed by learned Additional District Judge, Faizabad in Civil Appeal No.191 of 2011, by which the judgment and decree dated 10.10.2011 passed by learned Civil Judge, Faizabad, passed in Regular Suit No.355 of 1994 has been set aside and suit of the plaintiff was dismissed with costs. Learned First Appellate Court has allowed the appeal quashing judgment and decree passed by learned Trial Court and has decreed the suit of the plaintiff.

(3.) The dispute relate to small piece of village rasta which has been rightly decided by learned First Appellate Court. Learned Trial Court has also considered the evidence led by the parties but has reached to the conclusion that the plaintiff has failed to produce the best piece of evidence which is available to him. But, learned Trial Court has not considered that this is a case of oral evidence upon which easmentary right is available to the plaintiff. Learned First Appellate Court has corrected the error occurred in the judgment of the learned Trial Court.