NAND KISHORE Vs. SUKHALI

JUDGEMENT

(1.) THIS is a second appeal against the concurrent judgments of the two lower courts filed by the defendants Nand Kishore and others. The facts of this case are that the plaintiffs respondents filed a suit for possession of land measuring 25 bighas 10 biswas (kham) known as Khusalwali Kothi situated in village Mataji-ki-Dhani, Nawalgarh. The plaintiffs respondents sought declaration of Khatedari rights together with damages during the period of their dispossession from the suit land. The trial court decreed the suit on the basis of misal haqiqat Ex. P. 11 and entries of the Khasra Girdawari Smt. 2008 Ex. P. 16. The learned Revenue Appellate Authority confirmed the judgment of the trial court.

(2.) THE learned counsel appearing for the defendant appellant Nand Kishore has attacked the judgment of the learned Revenue Appellate Authority as perverse, mainly, on the following grounds - (1) He did not apply his mind to the facts and evidence on record, because he has failed to discuss the same. (2) He has relied upon rent receipts Ex. P. 1, Ex. P. 10 and again Ex. P. 12 to Ex. P. 15, even though (rial court had found the rent receipts to be unproved. THE learned Revenue Appellate Authority has not given any reasons why he has chosen to differ from the finding of the trial court and why he considered the rent receipts as reliable. THErefore, it was contended that the judgment of the Revenue Appellate Authority is in conflict with the finding of the Sub Divisional Officer and hence is perverse. (3) Khasra Girdawari Ex. P. 16 is no evidence. It is a report of the patwari as to who was in possession and who had committed trespass.