The court's reluctance to interfere with trial court findings and the suggestion for an alternative legal recourse for the defendants.

S. C. MOHAPATRA, J.

( 1 ) THIS Civil Revision arises out of a judgement under S. 6 of the Specific Relief Act.

( 2 ) PLAINTIFF filed the suit claiming that 'a' Schedule property was under ownership and possession of one Purna Chandra Bhukta of village Maheswarpinda who had sold sale deed for a consideration of Rs. 200/- and delivered possession thereof. While he was possessing the same after purchase by raising crops, defendants forcibly dispossessed him on 11-6-1983 and sowed paddy on it. Plaintiff's protest remained unheaded and defendants threatened to assault him. Plaintiff applied for mutation on 23-4-1988 but the same has been refused. Accordingly, being dispossessed within six months, the suit is filed for recovery of possession.

( 3 ) DEFENDANTS in their joint written statement stated that suit land was in possession of Purna Chandra Bhukta. However, the same was not sold to the plaintiff by Purna. They denied assertion of possession by plaintiff since 1969. They claimed to be in possession of the suit land six years prior to 1988 when it was lying vacant as Government land. Mutation is also claimed to have rightly been refused.

( 4 ) PLAINTIFF examined five witnesses and produced certified copy of the sale deed as Ext. 1. Defendants examined three witnesses and produced two reports of the Revenue Supervisor in support of their case. On appreciation of these materials, trial Court held that the case of the plaintiff that he is dispossessed within six months of the filing of the suit is correct. This finding of trial Court is a sure question of fact an appreciation of evidence. Even though on appreciation of such evidence, it may be possible to take a different view of the matter, in exercise of revisional power, I am not inclined to appreciate the evidence as an appellate Court when Legislature with its intelligence has deprived of parties of a right of appeal. However, it is open to the defendants to file a suit to establish their title and possession to get recovery of the same in case, plaintiff has got back the possession in the meantime as a result of this decision.

( 5 ) WITH the aforesaid observation, this civil revision is dismissed. No costs. Petition dismissed.