GANGARAM Vs. DOLA

JUDGEMENT

(1.) THIS second appeal is filed against the judgment and decree in Civil Appeal No. 29/80 -A (35 A of 1981) by the learned ADJ to the District Judge Dewas dated 4.9.1982 allowing the appeal of the respondents and dismissing the suit.

(2.) THE short facts giving rise to this appeal are that in Village Chapada, agricultural land bearing Survey No. 495 is situated in the names of Babulal and others. The area of this survey number is 5.30 acres, out of which plaintiff was in possession of 1.075 hectares on the northern side for the last 10 years as a sub -tenant. The plaintiff also has filed an application in Tehsil Bagli for entering his name on that portion of land. It was pending on the date of suit. On 10.7.1977, the defendants ousted plaintiff from this land for which they have no right.

(3.) THE aforesaid being the question of pure and simple facts which emanates from the evidence led, I do not see any substantial question much less the one raised in the order sheet arises. The appellate Court was absolutely justified in allowing the appeal on finding of facts as it has reached the holding that the plaintiff has failed to prove that he is an occupancy tenant and holding that infact the land in excess of the entitlement was left voluntarily by the appellant. I do not see any reason to interfere with the appellate judgment, therefore, dismissed this appeal with costs. Advocate s fee as may be proved.