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TMI Blog1992 (7) TMI 339X X X X Extracts X X X X X X X X Extracts X X X X ..... r a declaration that on the strength of his possession over the suit property for a long period and certain other facts as mentioned in the plaint. According to him he acquired a statutory right described as 'thika tenancy' under the provisions of Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981. Hence he is liable not to be disturbed therefrom. He also prayed for permanent in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f's suit by the Judgment which is impugned in the present appeal. 4. The High Court correctly appreciated that the effect of the litigation was dependent on the findings of fact that they have been recorded by the first appellate court in favour of the plaintiff. Proceeding further, however, it was observed that the first appellate court had overlooked certain vital facts which have their ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of non-consideration of admissible evidence of vital nature. But, after setting aside the findings of fact on that ground the Court had either to remand the matter to the first appellate court for a re-hearing of the first appeal and decision in accordance with law after taking into consideration the entire relevant evidence on the records, or in the alternative to decide the case finally in ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e in support of a plea that the finding of fact by the court below is vitiated in law, does not by itself lead to the further conclusion that a contrary finding has to be finally arrived at on the disputed issue. On a reappraisal of the entire evidence the ultimate conclusion may go in favour of either party and it cannot be prejudged, as has been done in the impugned judgment. We, therefore, allo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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