BUDDHA Vs. MANGAL

JUDGEMENT

(1.) THIS is a plaintiff's second appeal in a suit for possession of an open piece of land described as 'Gwara', situated in village Anandpur Tehsil Behror.

(2.) THE plaintiff based his case on title and the defendants in their written statement asserted their own title and possession over the land. Both the parties relied on oral evidence. The trial court accepted the plaintiff's evidence regarding possession supported by a rough sketch Ex. 1, alleged to have been prepared by the Pastwari at the time of grant of the land to the plaintiff by the erstwhile Thikana Neemlan of the former State of Alwar, and decreed the plaintiff's suit. The learned first appellate court held that the oral evidence was not at all sufficient to prove either title or possession of the plaintiff over the land in dispute and the sketch Ex. 1 was of no evidentiary value in as much as it neither bore the seal of the Thikana, nor there was any thing in it to show that the land bad been granted by the Thikana to the plaintiff. The plaintiff applied for admission of additional evidence before the first appellate court in the shape of a certified copy of the order of the Thikana dated 16 -3 -1946 under Order 41, Rule 27 Civil P.C. The application for permission to produce additional evidence was disallowed, and in the result the appellate court set aside the judgment and decree by the trial court and dismissed the plaintiff's suit. Hence this second appeal.

(3.) COMING to the merits of the case, both the parties alleged acts of possession such as stocking fodder and tethering of cattle in the 'Gwara' in question. The first appellate court did not consider the plaintiff's evidence as good and reliable and at any rate wholly insufficient to prove the plaintiff's title to the land. The finding of fact arrived at by the court below cannot be interfered with in second appeal.