MAINAK BHOWAL Vs. BISWAJIT GUPTA

JUDGEMENT

(1.) Heard Mr. N. Choudhury, learned counsel for the petitioner and Mr. B. Banerjee, learned counsel for the respondents.

(2.) This revision under Section 115 read with Section 151 of the Code of Civil Procedure has been directed against the judgment and decree dated 1.10.2003 passed by the learned Civil Judge (Sr. Divn.), Jorhat in Title Appeal No. 4/99. By this judgment the learned first appellate Court affirmed the judgment and decree dated 23.3.99 passed by the learned Civil Judge (Jr. Divn.) No. 1, Jorhat in Title Suit No. 40/87. The learned Trial Court decreed the aforesaid suit for eviction of the appellants and also for payment of compensation.

(3.) This revision petition is under Section 151 of the Code of Civil Procedure against concurrent finding of fact by the learned Courts below. The challenge is not on jurisdictional error on the part of the learned Courts below. Therefore, scrutiny of the judgments will have to be confined within the parameter of Clause (c) of sub-section (1) of Section 115.