RAMCHARAN Vs. RAMPIYARI BAI

JUDGEMENT

(1.) BOTH the counsel have been heard in reference to evidence on record.

(2.) MR . Garg counsel appearing for the appellant vehemently argued that the learned trial Judge has committed the error in appreciating the evidence and, therefore, landed in error in recording the finding against the appellant and finally passing a decree dismissing the suit of the plaintiff. Mr. R.C. Chazed, counsel appearing for respondent submitted that the learned trial Judge has appreciated the evidence correctly and the finding recorded by him is consistent with evidence on record. He made reference to the evidence which has been adduced by the plaintiff and the evidence adduced by the respondent.

(3.) THE said suit was resisted by the respondent by contending that no such agreement was ever executed by Resp. No. 1 in favour of the appellant. If has been averred by Resp. 1 that said room was gifted to her by her father Ghisalal, the original owner of the said house alongwith remaining portion of the said house and on account of that she was the owner of the entire house and was entitled to sell the said room to anybody whomsoever she liked.