JASWANT SINGH Vs. ASHOK KUMAR GAUTAM

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree dated 12.3.1998 passed by the learned District Judge, Sirmaur in Civil Appeal No. 115 -CA/13 of 1997.

(2.) BRIEF facts necessary for adjudication of this regular second appeal are that the appellant/plaintiff (hereinafter referred to as the plaintiff for convenience sake) had filed civil suit praying for decree for permanent injunction and declaration. The suit was resisted by the respondent/defendant (hereinafter referred to as the defendant for convenience sake). The trial Court dismissed the civil suit on 16.10.1997. The plaintiff preferred an appeal before the learned District Judge, Sirmaur against the judgment and decree dated 16.10.1997. The learned District Judge, Sirmaur dismissed the appeal on 12.3.1998.

(3.) WHETHER the Court below has misappreciated the evidence oral and documentary on record? 4.Mr. Baldev Singh has strenuously argued that the judgments and decree passed by both the learned Courts below are not sustainable. He contended that both the Courts below have mis -read the oral and documentary evidence led by the parties.