LOHIA PROPERTIES (P) LTD. Vs. ATMARAM KUMAR

JUDGEMENT

(1.) THE Special Leave Petition is directed against the judgment of the Gauhati High Court in Second Appeal No. 193 of 198 The petitioner filed a title suit No. 97/65 in the Court of learned Munsiff, Dibrugarh. The suit is for ejectment of the respondent herein, on the following averments: -

(2.) NON -traverse would constitute an implied admission. In the facts of this case the findings of the trial Court and that of the first appellate Court could be upheld on this admission. Thus, we find the High Court was wrong in interfering with this finding. Accordingly, the appeal will stand allowed. No costs.