LAWS(ALL)-2017-1-356

POORAN YADAV Vs. SANT KUMAR AND 4 OTHERS

Decided On January 19, 2017
Pooran Yadav Appellant
V/S
Sant Kumar And 4 Others Respondents

JUDGEMENT

(1.) This is a second appeal under Section 100 of the Code of Civil Procedure by the plaintiff. The plaintiff has instituted a suit, being Original Suit No. 37 of 2010, for permanent injunction against the defendants-respondents for restraining them from interfering in his possession. The trial Court has found on the basis of the admission of the plaintiff that the name of the defendants are recorded as owner in the revenue records. The trial Court vide judgment and order dated 18th January, 2014 dismissed the suit on the ground that the plaintiff has failed to establish his title over the land in dispute.

(2.) Aggrieved by the judgment and decree of the trial Court, the plaintiff-appellant preferred a regular first appeal, being Civil Appeal No. 07 of 2014, which also came to be dismissed and the lower appellate Court has affirmed the findings of fact recorded by the trial Court. Dissatisfied with the said concurrent findings of the Courts below, the plaintiff has preferred this appeal.

(3.) Learned counsel for the appellant has submitted that insofar as the admission of the plaintiff in his evidence is concerned, that has been wrongly mentioned by the trial Court. He has also taken the Court to various factual aspects, which were raised before the trial Court.