SANJAY KAROL
Dev Raj – Appellant
Versus
Lajwanti – Respondent
Sanjay Karol, J.
1. In this appeal filed under Section 100 of the Code of Civil Procedure, 1908, the Defendant has assailed the concurrent findings of fact recorded by the Courts below.
2. Plaintiffs Civil Suit No. 114 of 1996 stands decreed in terms of judgment and decree dated 28-2-2004 passed by Civil Judge (Senior Division), Una, District Una, H. P. The operative portion of the judgment reads as under:
In view of my aforesaid findings and discussion, the suit of the Plaintiffs succeeds and is hereby decreed for possession by ejectment of the Defendant from the suit premises denoted by letters ABCD as shown by blue colour in the site plan Ext. P1 and as fully detailed in the head note of the plaint with no costs. Decree sheet be drawn and the file be consigned to records after its due completion.
3. The findings and the judgment stands affirmed in Defendants appeal being Civil Appeal No. 20 of 2004 by the Additional District Judge, Una, in terms of its judgment and decree dated 31-8-2006.
4. The present appeal was admitted on the following substantial questions of law:
1. Whether both the Courts below have recorded erroneous, arbitrary and perverse findings in holding that Ex.
Bhagabandas Agarwala v. Bhagwandas Kanu AIR 1977 SC 1120;
Parwati Bai v. Radhika (2003) 12 SCC 551 : AIR 2003 SC 3995;
Sarup Singh Gupta v. S. Jagdish Singh (2006) 4 SCC 205 : AIR 2006 SC 1734;
Yerrabhothula Krishna Murthy v. Addepalli Subba Rao AIR 1988 AP 193;
Jagannath Karanani v. Sayed Abdul Wahed AIR 1962 Gau 148;
B. Chitra Ramacharandas etc. v. National Remote Sensing Agency AIR 2001 AP 20;
Dipak Kumar Ghosh v. Mrs. Mira Sen AIR 1987 SC 759; Raj Mal v. Bhim Sen 1998 (1) Shim L.C. 503
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