CHANDRA FILLING SERVICE Vs. RAMPRASAD

JUDGEMENT

(1.) HEARD the learned Counsel for appellant Shri A.L. Chopra at length. I have been taken through the judgments given by both the courts below with the assistance of Mr. Chopra.

(2.) INSTANT Second Appeal is concluded by concurrent finding of fact recorded by both the courts below and no substantial question of law is involved.

(3.) IN the present case the learned lower appellate court has fairly appreciated the evidence on record adduced by both the parties and has confirmed the conclusion of the trial court. In such a situation I do not think it fit and proper to interfere with the concurrent finding recorded by both the courts below within the meaning of amended Section 100 CPC. Assuming for arguments sake that other view is possible on reappreciation of evidence on record even then this Court will refrain to interfere with the concurrent finding of facts recorded by both the courts below unless it is demonstrated that the aforesaid finding is either perverse or based on no evidence on record. Nothing is brought to my notice that either the finding is perverse or based on no evidence, therefore, the concurrent finding of facts recorded by both the courts below deserves to be affirmed.