BHANWARA Vs. SHRI CHAND

JUDGEMENT

(1.) THIS second appeal under Section 100 of the Code of Civil Procedure has been filed by the defendant- appellants against the judgment and decree dated 21. 11. 1987 passed by the District Judge, Bharatpur, in Civil Appeal No. 27/1983, whereby the appeal of the plaintiff was allowed and the judgment and decree dated 1. 3. 1993 of the Additional Munsif & Judicial Magistrate No. 1, Bharatpur, in Civil Suit No. 87/1977, was set aside, whereby the trial Court dismissed the suit of the plaintiff.

(2.) THE first appellate court decreed the suit of the plaintiff- respondent for possession in respect of two basis land of khasra No. 333.

(3.) PER contra, learned counsel for the plaintiff-respondent contended that the question No. 1 formulated by this Court in the present case, as mentioned above, relates to question of fact. The learned first appellate Court has recorded a specific finding that the disputed piece of land measuring 2 biswas, out of khasra No. 333, has been trespassed by the defendants and this being a question of fact, is not open to be challenged in second appeal. The entire argument of the learned counsel for the defendant- appellants is based on appreciation of evidence, which is not permissible in second appeal under Section 100 of the Civil Procedure Code.