RAMDEVI Vs. THAKUR DAAS

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) The suit was decreed by the trial court. However in appeal the judgement and decree of the trial court has been reversed and the suit was dismissed.

(3.) The first contention of learned counsel for the appellant is that the defendants had admitted the existence of the rasta and, therefore, the lower appellate court had committed manifest illegality in reversing the decree of the trial court. Reliance has been placed upon Nathoo Lal vs. Durga Prasad, 1954 AIR(SC) 355. This judgement holds that an admission by a party must be presumed to be true unless the contrary is shown.