RAMESHWAR Vs. JAI SINGH

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) The plaintiff filed suit for possession of the plot in dispute on the ground that the suit property was purchased by the plaintiff from Anil Kumar for a consideration of Rs.6,000/- on 10.5.1993 by registered sale deed. He also got the possession of the said property. It is said that the said property was obtained by Anil Kumar by the Gram Panchayat Jasana on 12.5.1988. The defendant encroached upon the said land, therefore, the suit for possession was filed by the plaintiff. The trial court dismissed the suit of the plaintiff basically relying upon the plaintiff's witnesses and DW2 Anil Kumar, alleged seller of the plot to the plaintiff.

(3.) According to learned counsel for the appellant, when the seller himself appeared in the witness box and clearly stated that though he sold one plot to the plaintiff bu the plot in dispute is not the same plot which he sold. In view of the above, according to learned counsel for the appellant, the first appellate court committed error in interfering with the finding of fact recorded by the trial court. It is also submitted that the neighbourhood shown by the plaintiff appears to be wrong and does not tally with the plot in dispute.