1968 (9) TMI 127

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....y and V. Dharmadan, Advs. JUDGMENT V.R. Krishna Iyer, J. 1. The plaintiff, unsuccessful in two Courts, has come up here aggrieved by the dismissal of his suit which was one for declaration of title and recovery of possession. The defendant disputed the plaintiff's title to the property as also his possession and claimed both in himself. The learned Munsif, who tried the suit, recorded....

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....egarding possession but regarding title and wants me to remember that the burden is on the plaintiff to establish a subsisting title and this Implies possession within 12 years of the suit. The learned Subordinate Judge, after stating a few facts, has wound up with the following observations; "There was also no satisfactory explanation by the appellant for the delay of about three weeks t....

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....ed at the appellate stage. But, an independent appraisal of the evidence is the duty of the Court at that level. Failure to do that is an abdication of appellate power. Unfortunately, there is no consideration of the evidence in the case in appeal. The Subordinate Judge concluded still more erroneously, by stating: "No factual error or perversity has also been pointed out by the appellant....