BALJI KAPOOR Vs. KASHMIRI LAL

JUDGEMENT

(1.) This civil second appeal is directed against the judgment and decree of Additional District Judge, Srinagar dt. 15-4-1982 by which judgment and decree of the trial court dt. 30-3-1974 was confirmed.

(2.) The appellant had filed a suit for declaration and injunction against the contesting respondents which was dismissed by the trial court. The Trial Court held that suit property had belonged to Sohan Chand and the appellant was Sohan Chand's daughter's son. It dismissed the suit on the ground that plaintiff was out of possession and since he had not prayed for possession, therefore suit of the plaintiff was liable to be dismissed.

(3.) On appeal the 1st appellate court found plaintiff's title also not proved and nor was he held to be the Sohan Chand's daughter's son whose property was claimed. In this view of the matter Mr. S.L. Kaul had submitted that there was no concurrent finding of fact with regard to the title of the appellant and his entitlement to get the property in question. The findings of two courts of the appellant's title and his entitlements were at variance. Therefore, he submitted that he was entitled to seek re-appreciation of evidence in the second appeal so as to convince this court that findings of the 1st Appellate Court about the appellant's title were against the weight of evidence and misplaced.