UNION OF INDIA Vs. KEDARESHWAR

JUDGEMENT

(1.) This appeal had come up before this Court on an earlier occasion, when, for reasons stated in this Court's order dated 29-11-1958, four issues were remitted to the learned District Judge of Mandi for investigation and report under Order 41, Rule 25, read with Order 42 Rule 1, Civil P. C. The findings of the District Judge have since been received. No written objections thereto were filed by either side, although when further arguments were heard in the appeal, learned counsel for the parties, in addition to supporting the findings that went in their favour, attempted to demonstrate that the findings which went against them could not be sustained. After that judgment was reserved, I now proceed to deliver judgment.

(2.) For reasons to be stated shortly, I have come to the conclusion that this second appeal must fail.

(3.) I shall refer to the various points that were argued before me, seriatim.