JAGDISH PRASAD GUPTA Vs. SANKTA PRASAD

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution challenging the order of the IV Additional District Judge, Kheri.

(2.) A suit was instituted by the respondent under Section 6 of the Specific Relief Act for possession. The trial court after considering the evidence came to the finding that on the date of alleged dispossession by the defendant the plaintiff was not in possession. After this finding he dismissed the suit.

(3.) THE finding of the trial court was that the plaintiff was not in possession but the possession was of the vendee Smt. Pushpa Devi to whom the property had been sold and that the luggage had been kept by the plaintiff in the house only with the permission of the vendee. THE court in exercise of its powers under Section 115 of the Code of Civil Procedure could not have reversed the finding on reappreciation of evidence. THE finding had to be accepted as final for determining if the judgment and decree of the trial court were liable to be interferred with in exercise of the jurisdiction under Section 115 of the Code of Civil Procedure.