9911796707
TMI Blog2004 (8) TMI 712X X X X Extracts X X X X X X X X Extracts X X X X ..... he second appeal. The plaintiff filed the suit for declaration of title over the plaint-B schedule property and for consequential relief of injunction against the State on the basis that she had perfected her title over the suit property by adverse possession. The trial court, after a full dressed trial on appreciation of evidence, recorded findings against the plaintiff and concluded that she fai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... forward by the appellant is in any way affected by the production and proof of Exts. A2 to A4? arises for consideration. From the perusal of the impugned judgment, it is clear that the High Court in a way has reappreciated the evidence on record and reversed the the concurrent findings recorded by the two courts below going beyond the scope of Section 100 of the Code of Civil Procedure. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... int; the suit was filed in the year 1980 and those documents were filed only in the year 1984. The learned counsel also stated that the proceedings were taken against the son of the plaintiff in the year 1979 to remove the encroachment. Pursuant to those proceedings, possession of the property in question was taken on 15.1.1980 and the suit was filed on 19.1.1980. Under the circumstances, accordin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on record. In fact, no substantial question of law did arise for consideration before the High Court. The substantial question of law formulated by the High Court at the time of admitting the appeal, in our view, again touches the appreciation of evidence in relation to Exhibits A2 to A4. We do not think it necessary to record detailed reasons again as we agree with the reasons recorded by the Fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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