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1975 Supreme(All) 363

HARISWARUP
Ram Milan – Appellant
Versus
Sher Bahadur – Respondent


Advocates:
H.D. Srivastava, for Appellants; M.R. Misra, for Respondents.

JUDGMENT:- This is a plaintiff's appeal arising out of a suit for an injunction restraining the defendants from interfering with the plaintiffs' possession over certain trees and for damages.

2. Plaintiffs filed the suit on the allegation that seven trees had been purchased by the plaintiffs from one Dayal in 1906, four trees were planted by them in 1962, and fruits of the trees were wrongly appropriated by the defendants causing damage of Rs. 100/-. Defendants denied the plaintiff's ownership or possession over the trees.

3. Trial Court dismissed the suit on the finding that the plaintiffs had failed to prove either their ownership or possession over the trees.

4. Lower Appellate Court upheld the findings and dismissed the plaintiff's appeal against the trial court's decree dismissing the suit.

5. This appeal is concluded by findings of fact. The lower appellate court has, on consideration of the evidence on record, come to the conclusion that the plaintiffs had failed to prove their title. A document purporting to be a sale deed executed by one Dayal was relied upon by the plaintiffs. The courts below did not place any reliance on this document in the sense that they did not raise an







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