MANGAL SINGH Vs. MAM CHAND

JUDGEMENT

(1.) THIS appeal has been filed by the defendant -appellant against the judgment passed by the learned Appellate Court dated 26.10.1988 reversing the judgment of the learned trial Court.

(2.) BRIEF facts of the case are that the plaintiff -respondent had filed a suit for injunction against the appellant claiming ownership and possession over open piece of land in the abadi deh of Pataudi, Tehsil Pataudi, District Gurgaon. Admittedly, he could not prove the ownership. The trial Court found inconsistencies in the evidence led by the plaintiff -respondent and dismissed the suit. On appeal the learned lower Appellate Court believed the evidence led by the plaintiff -respondent and held that there were contradictions in the testimony of the defendant -appellant and consequently allowed the appeal and decreed the suit. The following questions of law have been proposed by the appellant: -

(3.) THE following question of law is proposed by this Court: -