OM PARKASH Vs. KAMLESH KUMAR

JUDGEMENT

(1.) THE present Regular Second Appeal preferred under Section 100 of the Code of Civil Procedure was admitted for hearing on the following substantial question of law: Whether the findings of learned Courts below are vitiated due to misreading and mis -appreciation of evidence on record?

(2.) THE present appeal is against the concurrent findings of the Courts below. In short, the facts giving rise to the present appeal can be stated thus. Respondents hereinafter to be referred as "the Plaintiffs" had filed a suit against the Appellants hereinafter to be referred as "the Defendants" with respect to the suit land seeking possession on the ground that they are owners of the suit land, but it was in the possession of Surat Ram, predecessor -in -interest of the Defendants. Said Surat Ram was having the permissive possession thereof. When the Defendants after the death of Surat Ram aforesaid were asked to hand over the possession, they refused, hence the present suit.

(3.) ON the pleadings of the parties, learned trial Court framed the following issues: