PARBHU AND OTHER Vs. KHIYALI RAM

JUDGEMENT

(1.) THE appellant obtained the land in dispute under a mortgage which was redeemed by the respondent. The appellants, however, continued to remain in possession of the land in dispute. They filed a suit for permanent injunction to the effect that after the extinction of the mortgage they continued in possession of the land in dispute as tenants and that the other party should be restrained from dispossessing them. Both the learned Courts below have given a finding of fact that the status of the appellants was that of trespassers and not tenants. On this finding the equitable relief of injunction was not granted to them. The learned counsel for the appellants has submitted that the Khasra Girdawaris produced by them do bear out the contention of the appellants that they were holding the land as tenants at will. Mere misreading of Khasra Girdawaris by the learned lower Appellate Court which is the final Court of fact, does not entitle me to interfere in second appeal. This appeal is, therefore, dismissed.