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1981 DIGILAW 351 (ALL)

Padri Dutta Upreti v. Hari Dutta Bhatt

1981-03-10

N.D.OJHA

body1981
JUDGMENT N.D. Ojha, J. - Having heard counsel for the appellant, I am of opinion that the appeal is concluded by findings of fact recorded by the lower appellate court, namely that the plaintiff-respondents were the tenants of the land in dispute and that the appellant had taken possession over a portion of it in an authorised manner. These findings are based on appraisal of evidence and cannot be challenged in a Second Appeal. The plea raised in the memorandum of appeal that the lower appellate court has ignored Exts. A-1, A-3 and A-4 has as substance, inasmuch as these documents have been considered by the lower appellate court in paragraph 25 of its judgment. It is then after considering those documents that in lower appellate court has recorded the aforesaid findings and on these findings no substantial question of law is involved. 2. The appeal is accordingly dismissed under order 41, rule 11, C.P.C.