AYODHYA PRASAD TIWARI Vs. LALMAN VISHWAKARMA

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India challenging the order dated 06.09.2016 passed by the Upper District Judge, Rampur Baghelan, District Satna (M.P.) in Misc. Civil Appeal No. 69/2015 by which he has allowed the appeal filed by the respondent/plaintiff and has granted temporary injunction restraining the petitioner/defendant no.1 from interfering with the peaceful possession of the respondent no.1.

(2.) Being aggrieved by the said order the petitioner has filed the present petition submitted that the Court below has committed an error while reversing the order passed by the trial Court. He has further submitted that the Court below has taken a different view while appreciating the facts and evidence which were recorded by the trial Court.

(3.) From perusal of the order of the Lower Appellate Court, it is apparent as recorded finding in para-6 of the order that the suit land was sold by one Murlidhar Tiwari in favour of the father of the plaintiff/respondent no.1 Lalman Vishwakarma for consideration of Rs.70/-. On the basis of the said document in the revenue records, the possession of the plaintiff has been found to be recorded.