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2000 Supreme(SC) 44

A. S. ANAND, R. C. LAHOTI
Ellangallur – Appellant
Versus
Gopalan – Respondent


ORDER

R.C. Lahoti, J.-Leave granted.

2. The appellants filed a suit for recovery of possession based on title of an immovable property. The Trial Court found the title of the appellants proved but at the same time also held the respondents to have perfected their title by adverse possession over the property and hence directed the suit to be dismissed. The first Appellate Court in an appeal preferred by the appellants, while upholding the finding of the Trial Court regarding the title of the appellants, reversed the finding of the Trial Court on the defendant s plea of adverse possession and hence decreed the suit. The defendants preferred the second appeal before the High Court. The High Court has set aside the judgment in first appeal and restored the judgment and decree of the Trial Court. A perusal of the judgment of the High Court shows the High Court having re-appreciated the evidence and recorded its own findings. The High Court has not framed any substantial question of law arising for decision in the appeal as contemplated by sub-sections (4) & (5) of Section 100 of the C.P.C. (as amended by Act No. 104 of 1976).

3. The learned Counsel for the Appellants has submitted placi








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