BAROO AND OTHERS Vs. THAKURJI SINGH AND OTHERS

JUDGEMENT

(1.) THE short point of law involved in this appeal is about the admissibility of certain documents.

(2.) PARTIES to this Appeal are neighbours and the dispute is in respect of a plot of land to the east of the Plaintiff's house and to the north of that of the Defendants. Both the parties claimed this piece of land to be their Sahan.

(3.) THE Defendants have come up in appeal to this Court an it has been contended on their behalf that the finding of the lower appellate court about the land being the Sahan of the Plaintiff though one of fact vitiated in law inasmuch as the lower appellate court has relied on two inadmissible pieces of evidence in arriving of this finding as such it is contended that the decision of the lower appellate court be set aside and case remanded for deciding it afresh after excluding the inadmissible evidence on the record. Reliance was placed for this submission on the cases of Dhirajlal Girdharilal v. Commissioner of Income tax, Bombay : AIR 1955 SC 271 and Abdul Shakur and Ors. v. Kotwaleshwar Prasad and Ors. : AIR 1958 All. 54 : 1956 AWR 302 FB.