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1923 Supreme(All) 193

Mahant Gupta Nand Bharthi – Appellant
Versus
Hari Shankar – Respondent


JUDGMENT

Sulaiman, J. - This second appeal arises out of a suit brought for possession of the site of a house by removal of the materials standing thereon. The main question in the case was one of fact whether the plaintiffs were or were not the owners of the land. Both the Courts below have decreed the claim holding that the plaintiffs' title is fully established. The lower Appellate Court has found as follows: "From the voluminous documentary evidence referred to in the judgment of the lower Court it was conclusively proved that plaintiff No. 1, who is respondent No. 1, was the purchaser of all the rights of the appellant in Sarai Goshain, a Mohalla in which the house in dispute was situated, and the, plaintiff No.2 was the auction-purchaser of the rights of the other zemindar Tikam Bharti in this house and, therefore, neither the appellant nor the other zemindar had any right left in themselves in respect of the site or the materials." It is contended on behalf of the defendant-appellant that the Court below has drawn wrong inference from the documentary evidence on the record. The Court of first instance had set forth the documentary evidence in detail and showed that the house

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