SUGAN CHAND Vs. MADAN LAL

JUDGEMENT

(1.) THIS is plaintiff's second appeal against the decree and judgment dated July 21, 1979 of the District Judge Sawai Madhopur reversing the decree and judgment dated October 17, 1977 of Munsif Sawai Madhopur whereby plaintiff's suit for possession of the suit land was decreed and the defendants to remove their material from the suit land and to close the door and windows. The defendant respondents have filed cross objection.

(2.) THIS court while admitting the appeal on January 21, 1980 framed following substantial question of law:- (i) Whether the interpretation put by the learned District Judge on the various documents of the title showing the ownership of the disputed land of the plaintiff is proper or not? (ii) Whether the sale of the disputed land by the Municipal Board, Sawai Madhopur without the permission and approval of the Collector is proper or not? (iii) Whether the lower appellate court could have ignored the site inspection note of the learned Munsif while deciding this appeal and in the absence of failure to take into consideration the said inspection note, the judgment of the learned District Judge is vitiated or not? In case the decision of the learned Munsif in the matter of appreciation of evidence is not improper, was the District Judge empowered to set aside and give a different version of his own in the circumstances?

(3.) I have given my thoughtful consideration to the rival submissions and carefully weighted the material on record.