LAWS(PAT)-2009-12-28

SATYA NARAIN GIRI Vs. SATYA NARAIN SAH

Decided On December 01, 2009
SATYA NARAIN GIRI Appellant
V/S
SATYA NARAIN SAH Respondents

JUDGEMENT

(1.) HEARD learned counsel for the appellants and learned counsel for respondent no. 1.

(2.) THIS second appeal has been filed by the defendants-appellants-appellants challenging the judgments and decree of both the learned courts below.

(3.) SO far question raised by the appellants with regard to non-examination of the plaintiffs as witnesses and absence of scientific measurement of the suit land, which was done in the eviction suit is concerned, it is quite apparent that although the plaintiffs had not been examined but their pleadings were fully proved by the son of a plaintiff, who had deposed as one of the plaintiffs' witnesses. SO far question of scientific measurement is consumed, the defendants-appellants having not pressed before the courts below for scientific measurement of the suit land, they cannot be allowed to take such a point at this stage.