BRIJLAL Vs. MATARE

JUDGEMENT

(1.) THE defendants have come up in appeal aggrieved by the judgment and decree of the lower appellate Court granting declaration of title to the plaintiff/respondent over the suit property, also restraining the defendant/appellants from interfering with the possession of the plaintiff/respondents, in reversal of the decree of the trial Court which had dismissed the suit. Vide order dated 7.11.78, this Court admitted the appeal for hearing parties on the following subst.1ntial question of law: -

(2.) VIDE para 10 of the judgment of the trial Court, the plaintiff was found to be in possession of the property though his title was not held proved in the opinion of the trial Court. A perusal of the judgment of the trial Court shows that the documents, Ex. Pit to P/8 filed by the plaintiff/respondent did not receive attention of the trial Court. The lower appellate Court has found the plaintiff to be in possession of the property. Having taken into consideration the documents, Ex. Pit to P/8, coupled with the documentary evidence adduced by the parties, the lower appellate Court has held that the plaintiff has succeeded in proving his better title to the property in suit.

(3.) FOR the foregoing reasons, the appeal is held to be without any merit and is dismissed. The judgment and decree of the lower appellate Court are confirmed. The parties shall bear their costs as incurred before this Court. Counsel's fee as per Schedule, if certified.