SARJU SAH Vs. RAM PATI MALLAH

JUDGEMENT

(1.) THE plaintiffs appellants have filed this appeal against the judgment and decree, dated 19.7.1988, passed by Subordinate Judge, I, Bhabhua, in Title Appeal No. 8 of 1984, whereby the learned Subordinate Judge had dismissed the title appeal filed by the plaintiffs appellants. THE plaintiffs had filed Title Appeal No. 8 of 1984 against the judgment and decree passed in Title Suit No. 10 of 1983 by the Munsif, Bhabhua, whereby the learned Munsif had dismissed the Title Suit of the plaintiffs which was for eviction of the defendants from the premises in suit and for recovery of possession of the house.

(2.) ACCORDING to the appellants the judgment and decree passed by the Court below are bad in law and facts and the Court below did not consider Exhibit "3" the registered sale-deed on the basis of which the plaintiffs have derived right, title and interest over the suit premises.

(3.) IT was submitted by the learned lawyer for the appellants that the land over which the house stands was purchased by the plaintiff by registered sale-deed, dated 2.4.1932, which is Exhibit "3" in this case but the learned lower appellate Court has not considered any document including Exhibit "3" in his judgment and confirmed the judgment passed by the learned Munsif in the Title Suit without giving his own reasons for affirming the judgment passed by the learned Munsif. IT was also submitted by him that High Court can interfere when first appellate Court has failed to consider material evidence in shape of documents. In support of his contention he placed his reliance on a decision of the Supreme Court in the case of Radha Nath Seal (dead) by his legal representatives v. Haripada Jana and Ors. . IT was further submitted by him that the first appellate Court is final Court of fact and it must consider and discuss the evidence and should state the reasons for confirming the judgment and decree of the trial Court. IT has been held by Patna High Court in the case of Narain Singh and Ors. v. Kanta Singh and Ors. that first appellate Court must consider evidence and reasonings of trial Court specially in case of reversal.