TaxTMI 
TaxTMI 
1992 (7) TMI 339
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....led by the appellant for 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 ....
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....ismissed the plaintiff'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....
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.... in the eye of law on account 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 de....