AAKHELLAMBAM NINGTHEMJAO SINGH Vs. TAKHELLAMBAM MANI SINGH

JUDGEMENT

(1.) This second appeal is directed against the Judgment and Decree dated 18.6.1994 passed by the Learned District Judge, Manipur West, in Civil Appeal Case No. 6 of 1994 confirming the Judgment and Decree dated 12.9.1991 passed by the Learned Subordinate Judge No. 1, Manipur East in original Suit No. 4 of 1993.

(2.) This case has a chequered history. After a protracted litigation, the suit was eventually decreed by the learned Subordinate Judgment by Judgment dated 12.9.1991 whereby the plaintiff was declared to have subsisting title over the suit land and on such findings a decree was passed for recovery of possession by evicting the defendant-appellants.

(3.) At the very outset, I would like to place on record that in view of the provisions of Section 100 of the Code of Civil Procedure, this Court is not authorised to reappreciate the evidence on record, especially when both the Courts below have rendered concurrent findings on all the issues. In HariSingh-Vs- Kanhaiya Lai (1999) 7 SCC 288, the Supreme Court held as follows: -