LAWS(ALL)-2014-4-116

GHURHU Vs. SATIRAM

Decided On April 22, 2014
GHURHU Appellant
V/S
Satiram Respondents

JUDGEMENT

(1.) HEARD Sri Brahma Kumar Tiwari, learned Counsel for appellant on the admission of appeal.

(2.) AFTER exchange of pleadings and evidence the Trial Court held that property described by letters 'A', 'B', 'C, 'D' is the same land in respect of which a patta was granted in favour of Virendra son of Ghurhu and as defendants have failed to prove their possession, since abolition of Zamindari and as patta stands proved, the Trial Court on 17.8.2007 decreed the suit of plaintiff, but dismissed the counter claim of defendants. The defendants Rati Ram preferred two appeals before the Court below, First Appeal No. 103 of 2007 was directed against that part of the decree, by which suit of plaintiff was decreed and First Appeal No. 104 of 2007 was preferred against that part of decree by which his counter claim was rejected. Both the appeals were heard together and by judgment and decree dated 8.1.2014 both the appeals have been allowed, suit filed by plaintiff has been dismissed and counter claim decreed. Thus two second appeals, i.e., Second Appeals No. 409 and 410 both of year 2014 have been preferred before this Court.

(3.) AFTER hearing learned Counsel for appellant, the Court is of the view that the findings recorded by the Appellate Court are based on relevant and admissible evidence to which no perversity could be demonstrated. No substantial question arises. Both the appeals lack merits and are dismissed at the admission stage with costs.