LAWS(P&H)-1988-5-107

BABU RAM Vs. MAHANT ARBINDU NATH

Decided On May 19, 1988
BABU RAM Appellant
V/S
Mahant Arbindu Nath Respondents

JUDGEMENT

(1.) CHALLENGED in Second Appeal here is the hiding recorded against the defendant to the effect that he was not in possession of the land in suit as a tenant under the plaintiff. Being a pure finding of fact, no interference is warranted

(2.) THE appeal here arises from a suit for possession filed by the plaintiff alleging that the defendant had trespassed on the land in suit and forcibly occupied it after getting a false entry made in the Khasra Girdwari, in connivance with the revenue officers showing him to be in possession thereof as a tenant The defendant, however, asserted that he was in fact a tenant on the land in suit for the last more than twenty years and the plaintiff was thus not entitled to the decree for possession prayed for.

(3.) THIS appeal is accordingly hereby dismissed. In the circumstances, there will be no order as to costs.