RAM DHAN Vs. RAM DHARI

JUDGEMENT

(1.) THE defendant has filed this Regular Second Appeal against the judgments and decree, passed by both the Courts below. I have heard learned counsel for both the parties and have gone through the impugned judgments and decree.

(2.) IN this case, a representative suit for possession filed by Harijans of the village under Section 92 of the Civil Procedure Code has been decreed, while holding that the plot bearing No. 579 measuring 203 square yards was reserved for the use of the Harijans during the consolidation and the said plot has been illegally encroached upon by the appellant. Both the Courts below have recorded a finding of fact that the suit land is comprised of plot No. 579 and the said plot was allotted during the consolidation for the use of Harijans. On the basis of demarcation report and other evidence, finding has also been recorded that the defendantappellant has illegally encroached upon some portion of the said plot. Both the Courts below have recorded a pure finding of fact. Thus, in my opinion, no interference by this Court in this second appeal under Section 100 CPC is required. No substantial question of law is involved in the appeal. Dismissed.