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1978 DIGILAW 405 (MP)

Murti Shri Adinath v. Shri Krishna

1978-04-26

H.G.MISHRA

body1978
Short Note : The plaintiff-appellant instituted a suit for declaration of title, possession and permanent injunction in respect of the suit land measuring 32'x8' which is on the eastern side of the Dharmashala of the plaintiff appellant claiming that the land forms part of the Dharmashala and as such owned by the plaintiff appellant. The cause-grievance was that on 9-11-1963 the defendant encroached upon the disputed land and set up rival title in himself on the basis of sale deed dated 25-7-1963 executed by Narayandas in favour of defendant No.1. Defendant respondent No. 2 is sister of defendant No.1 and has been impleaded being jointly interested against the plaintiff. The trial Court after trial dismissed the suit holding that it does not belong to the plaintiff exclusively, first appeal also failed. Held : The contention of the learned counsel for the appellant to the effect that legal inferences arising from proved facts is always a question of law is not correct, in view of the principles laid down by their Lordships of the Supreme Court in AIR 1957 SC 49 . 2. Thus the finding of fact concurrently recorded by both the Courts below are properly arrived at, legal inference from proved facts have been properly drawn and the impugned judgment and decree are not amenable to challenge under section 100 CPC, in view of the principles laid down by their Lordships of the Supreme Court in AIR 1959 SC 57 and AIR 1957 SC 49 relied on. Appeal dismissed.