DEBESWAR BARAH Vs. GHOGI SAIKIA

JUDGEMENT

(1.) THIS revision application under Section 115 of the Code of Civil Procedure is directed against the judgment and decree dated 31. 03. 2000 passed by the learned Civil Judge (Jr. Divn.) No. 2, Golaghat in Title Suit No. 14/96. By the aforesaid judgment and decree, the suit filed by plaintiff under Section 6 of the Specific Relief Act has been dismissed. Aggrieved, the plaintiff has instituted the present proceeding s in revision.

(2.) I have heard Mr. R. Gogoi, learned counsel for the revision petitioner and Mr. D. C. Mahanta, learned senior counsel appearing for the respondent Nos. 1 to 4.

(3.) A perusal of the judgement under challenge in the present proceeding would go to show that the plaintiff's suit for possession was dismissed by the learned trial Court by holding the claimed possession of the plaintiff in respect of the suit land not to be proved and established by the materials on record. Though this Court, while exercising the revisional power under Section 115 of the Code of Civil Procedure will not ordinarily interfere with the findings of fact recorded on a consideration of the evidence and materials on record, in a situation where the findings of fact as recorded are diametrically opposed to the evidence adduced by the parties, interfere in exercise of the limited power available under Section 115 of the Code of Civil Procedure will be justified. It is the aforesaid approach that this Court considers appropriate of application to scrutinize the validity of the findings recorded by the learned trial Court and the challenge made in respect thereof by the revision petitioner.