2004 (8) TMI 712

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....ess of the impugned judgment passed by the High Court in the 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....

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.... of law : "Whether the plea of adverse possession put 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 ....

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....int nor they were produced before the court along with the plaint; 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 ....

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.... by the two courts below by reappreciating the evidence placed 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....