Sri Gaya Prasad Mallah vs Kodayee (Deceased) And13 Others
2022 Latest Caselaw 1509 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- SECOND APPEAL No. - 358 of 2022
 

 
Appellant :- Sri Gaya Prasad Mallah
 
Respondent :- Kodayee (Deceased) And13 Others
 
Counsel for Appellant :- Vishnu Swaroop Srivastava
 
Counsel for Respondent :- Sanjay Shukla
 

 
Hon'ble Salil Kumar Rai,J.

This is a plaintiff's second appeal challenging the judgment and decree dated 6.11.2019 passed by the Civil Judge(Junior Division), Bansgaon, Gorakhpur dismissing Original Suit No.589 of 2001 as well as against the judgment and decree dated 20.01.2022/27.01.2022 passed by the Additional Sessions Judge/F.T.C Second, Gorakhpur in Civil Appeal No.54 of 2019 whereby the lower appellate court has affirmed the decree of the trial court. The Courts' below have rejected the plea of the plaintiff-appellant on the ground that the testimony of the plaintiff in his cross examination contradicted his plea in the plaint so far as boundaries of the suit property was concerned and further in his cross examination, the plaintiff had admitted that the suit property had been divided but no other person who was in possession of the suit property had been impleaded as a defendant in the case. The lower appellate court also took note of the inconsistency between the testimony of the plaintiff in his examination in chief as well as in his cross examination.

The findings recorded by the Courts' below are concurrent findings of facts. There is no perversity in the findings recorded by the Courts' below which are based on evidence on record. No substantial question of law arises in the present appeal.

The appeal is dismissed.

Order Date :- 26.4.2022

IB