Vijay Kumar vs Anand Prakash - 1987 Supreme(All) 721

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1987 Supreme(All) 721

K. P. SINGH
Vijay Kumar – Appellant
Versus
Anand Prakash – Respondent

Advocates appeared:
A.K. Yog, Advocate, for the Appellants; Pramod Kumar Jain, Advocate, for the Respondents

JUDGMENT

K.P. Singh, J. - This is a plaintiffs' appeal arising out of a suit for injunction against the Defendant No. 1. Necessary facts giving rise to the appeal are that the plaintiffs claimed tenancy and possession over the shop in question on the ground that the plaintiffs were the heirs of original tenant Brij Mohan Lal, their father. The claim of the plaintiffs was denied by the defendant No. 1 and it was asserted that the tenancy regarding the shop in question was between him and the Defendant No. 2 (brother of the plaintiffs). Both the Courts below have dismissed the plaintiffs' suit. Aggrieved by their judgments the plaintiffs have approached this Court under Section 100 of the Code of Civil Procedure.

2. The learned Counsel for the appellants has assailed the judgement of the Lower Appellate Court on the ground that the Lower Appellate Court has acted illegally in brushing aside the expert evidence. In order to prove their claim the plaintiffs relied upon a document marked as 9-G. A questioned had arisen whether the document marked as 9-G is really the receipt executed by the landlord Hargu Lal. Both the parties had examined experts and the experts had given evidence for t

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