The importance of a proper and mature appreciation of evidence on record in reaching a decision.

JUDGMENT :

Sureshwar Thakur, J.

The instant appeal is directed, against, the concurrently recorded verdicts by both the learned Courts below, whereby, the plaintiff's suit for rendition, of, a decree for permanent prohibitory injunction, qua the suit khasra number (s), was, hence decreed.

2. Briefly stated the facts of the case are that the plaintiff has filed a suit for permanent prohibitory injunction and for damages amounting to Rs.500/- as against the defendants. It was alleged by the plaintiff that the land comprised in khasra No.184, measuring 10-4-1 bighas is recorded in the ownership and possession of the plaintiff. It was alleged that the defendants are strangers, who entered the suit land o 18.10.1998 and unlawfully cut the grass from the suit land causing damage to the extent of Rs.500/-, hence, the suit for permanent prohibitory injunction, and, for recovery of damages.

3. The defendants contested the suit and filed written statement, wherein, it was pleaded that the defendants and the plaintiff are co-sharers of the suit land. Khasra No.184 is in the ownership and possession of the plaintiff and adjoining to that khasra number there is Khasra No.185, which is a Nallah and adjoining to it, is Khasra No.188, owned and possessed by the defendants. They pleaded that they had cut and removed the grass from their own land, comprised in Khasra No.188, but they never interfered in the land of the plaintiff comprised in Khasra No.184 since there is a Nalla in between the two lands as recorded in the revenue record.

They denied having cut the grass from the suit land or caused any loss to the plaintiff and hence prayed for dismissal of the suit.

4. On the pleadings of the parties, the learned trial Court struck the following issues inter-se the parties at contest:-

1. Whether the plaintiff is entitled to the relief of permanent prohibitory injunction as prayed for?OPP.

2. Whether the defendant after intruding into the suit land has cut and removed grass worth Rs.500/-?

3. Whether the plaintiff is entitled to recover a sum of Rs.500/- from the defendants, if issue No.2 is proved in affirmative? OPP

4. Relief.

5. On an appraisal of evidence, adduced before the learned trial Court, the learned trial Court decreed the suit of the plaintiff/respondent herein. In an appeal, preferred therefrom, by, the defendants/appellants herein, before the learned First Appellate Court, the latter Court dismissed, the, appeal, and, affirmed the findings recorded by the learned trial Court.

6. Now the defendants/appellants herein, has instituted the instant Regular Second Appeal, before, this Court, wherein he assails the findings, recorded in its impugned judgment and decree, by the learned first Appellate Court. When the appeal came up for admission, this Court, on 16.07.2004, admitted the appeal instituted by the defendants/appellants, against, the judgment and decree, rendered by the learned first Appellate Court, on the hereinafter extracted substantial question of law:-

a). Whether both the lower courts have misread, misinterpreted and mis-construed the oral as well as documentary evidence of the parties, especially report of Local Commissioner, Ex.PW5/A and statements of PW-1, PW-3 and PW-5, which has materially prejudiced the case of the appellants?

Substantial question of Law No.1:

7. Khasra No. 184, is, uncontrovertedly owned and possessed by the plaintiff, whereas, Khasra No.188 is owned, and, possessed by the defendant. Though, in the revenue record, both khasra numbers, stand reflected to be segregated by khasra No.185, whereon a Nallah rather exists. However, upon perusing the report of the local commissioner, embodied in Ex.PW5/A, and, proven by PW-5, apparent manifestations, are, displayed therein qua (a) the Nallah borne, on Khasra No.185, upon, efforts, for, determination, of its exact location, on the spot, by making an apt reference, to the Aks Musabi, wherein, it is disclosed to be occurring 44 karams away, from, the adjoining thereto k