VARJI Vs. VARDIBAI

JUDGEMENT

(1.) The appellants has filed the present appeal against the judgment and decree dated 05/12/2018 passed by I Additional District Judge, District- Jhabua in Regular Civil Appeal No.22-A/2018, whereby confirming the judgment and decree passed by Civil Judge, Class-I, Thandla, District-Jhabua in Civil Suit No.57-A/2014.

(2.) Short facts of the case are that appellants preferred a suit for declaration and permanent injunction. In the plaint it was averred that respondents has no right of title in the land in question. The appellants has pleaded various grounds in the suit and claimed for allowing the same. After notice to the respondents, the suit was contested by the respondents denying all the averments made in the suit. The said suit was contested and pleaded that the averments made in the plaint are false. After hearing the parties, learned trial Court dismissed the suit, against which appellants has filed the appeal, which was also dismissed by the learned appellate Court. Being aggrieved by the said judgment and decree, the appellants has preferred the present appeal.

(3.) Learned counsel for the appellants argue that both the Courts below have erred in dismissing the suit. He further submits that both the Courts below have ignored the pleadings made by the appellants and documents have been filed by the appellants, therefore, the finding of the Appellate Court is perverse which is against the evidence available on record. He further argues that as per the settled law, the respondents have to prove their case beyond reasonable doubt, but in the present case, both the Courts below have decreed the suit and appeal. Thus, in the light of the aforesaid, he submits that the appeal deserves to be admitted on the substantial questions of law proposed by the appellants.