SHANTI LAL Vs. MOHAN LAL

JUDGEMENT

(1.) Shanti Lal, appellant-plaintiff filed suit in the Court of Sub Judge, Udhampur, for the recovery of arrears of rent amounting to Rs.1610/- against the respondent-defendant in regard to a shop situate in Main Bazar, Udhampur, leased out to him by his mother Smt. Lakshmi Devi (died in 1977) on a monthly rental of Rs.70/- in the year 1971. The respondent-defendant, in his written statement claimed himself to be the owner of the shop as, according to him, Smt. Lakshmi Devi during her lifetime, made will bequeathing the shop in his favour.

(2.) The trial Court framed the following issues in the case:

(3.) I have heard learned counsel for the parties and gone through the record before me. Learned counsel appearing for the respondent has taken a plea that both the courts below have come to a concurrent finding of fact that Smt. Lakshmi Devi has made oral will during her lifetime thereby bequeathing the suit shop in favour of the respondent and as such this finding cannot now be assailed in second appeal. No doubt, it is now almost a settled law that the concurrent findings of fact should not be gone into in second appeal but, it also cannot be denied that where the findings are perverse and not supported by any cogent proof, those can be overruled by the High Court and in that event it becomes its bounded duty to appreciate the evidence. In the light of this observation, I am appreciating the evidence placed on record by both the parties.