KRISHI UPAJ MANDI SAMITI Vs. TULSINARAYAN

JUDGEMENT

(1.) This second appeal has been filed by the appellant under Section 100 of Code of Civil Procedure, 1908 against the judgment and dated 28-11-2001 passed by learned Additional District Judge, Sironj District Vidisha in Civil Appeal No.122/1997, confirming thereby the judgment and decree dated 13-02-1996 passed in civil suit No.48- A/1995 by learned Civil Judge Class -II, Sironj District Vidisha whereby the suit filed by the plaintiff/appellant for declaration and injunction has been dismissed.

(2.) This appeal has been heard and admitted on 11-07-2008 by this Court on the following substantial question of law:

(3.) Learned counsel for the appellant submitted that by virtue of document Ex-P/8 which is in Urdu, Hindi translated copy of which is P/9, the suit property has been given to the appellant -Krishi Upaj Mandi Samiti and both the Courts below have erred in dismissing the suit of the plaintiff on the basis of other evidence available on record without considering the document Ex-P/8 and Ex-P/9.