RAM KUMAR Vs. RAM KESAR

JUDGEMENT

(1.) R. B. Mehrotra, J. Heard learned counsel for the appellants and the learned counsel for the respondent.

(2.) THE present second appeal has been filed by the defendants against the judgment and decree passed by 2nd Additional District Judge Basti dated 28-5-1993 wherein 2nd Additional District Judge on appreciation of oral evidence and commissioner's reports, decreed the plaintiff's suit for permanent injunction and directed the defendants to remove their brick stack etc. from the land in suit within a period of two months.

(3.) THE trial court on appreciation of the evidence and commissioner's reports arrived at a conclusion that in view of the fact the plaintiff has failed to prove his possession over the disputed land by any documentary evidence and in view of the statements made by PW 1 and PW 2 and map 25-Ga, the plaintiff has failed to prove that he is owner of the disputed land.