MANSHARAM Vs. VISHAMBHARDAYAL

JUDGEMENT

(1.) THE appellant-plaintiffs filed a suit in the Court of Civil Judge class II, Bhind, for declaration and permanent injunction and also for the relief that the sale deed dated 11-6-1985 be declared void and inoperative against them. The defendants contested the claim of the plaintiffs. The trial Court after framing the issues and recording the evidence, dismissed the suit, aggrieved by which they preferred an appeal in the Court of Shri N. M. Apte, First Additional District Judge, Bhind, who also dismissed the appeal of the appellants/plaintiffs. Aggrieved by the judgment and decree of the first appellate Court, the appellant-plaintiffs have invoked the jurisdiction of this court under section 100, Civil Procedure Code.

(2.) THERE is a concurrent finding on all the facts by both the Courts below. On persuasion from Shri K. N. Gupta, learned counsel for the appellants, I have gone through the entire evidence and also the record. Shri Gupta has rightly refrained himself from addressing this Court with regard to the findings of fact. It is a settled law that the first appellate Court is the last Court of facts. Shri Gupta has raised the solitary point and contended that the Khasras from Samvat 1999 to 2008 contain the name of Ajodhya prasad, the father of the appellant-plaintiffs and, after his death, it shows the names of the plaintiffs as sub-tenants of the suit property. They are, therefore, entitled to get pakka tenancy rights under the provisions of section 38 (2) of the Madhya Bharat zamindari Abolition Act (Act 13 of 1951) (hereinafter called 'the Act' ). Section 38 (2) of the Act is being reproduced below :-

(3.) CONSEQUENTLY, this appeal is dismissed with costs throughout, and the judgment and decrees passed by both the Courts below are maintained. Counsel's fee Rs. 100/- if certified. Appeal dismissed.