Citation : 2022 Latest Caselaw 1969 ALL
Judgement Date : 4 May, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- SECOND APPEAL No. - 1225 of 2017 Appellant :- Rafiq Ahmad Respondent :- Sharif And 7 Others Counsel for Appellant :- Avinash Pandey Hon'ble Rohit Ranjan Agarwal,J.
This is plaintiff's appeal.
An Original Suit No. 249 of 1998 was filed by the plaintiff against the defendant claiming relief for possession in respect of the property described in the plaint. The trial court on the basis of pleadings framed the following issues;
"1. Whether plaintiff is owner of the disputed property?
2. Whether plaintiff dispossessed the defendants on 09.009.1997 in mid night by demolishing the wall? If yes, effect.
3. Whether paid court fee was deficient?
4. Whether plaintiff is entitle to get any relief?"
After considering the pleadings and documentary evidence submitted by the parties the suit of the plaintiff was dismissed on 24.08.2015. Against the said judgment, a Civil Appeal No. 99 of 2015 was filed which was also dismissed on 26.08.2017.
I have gone through the judgment passed by both the courts below and perused the material on record. On due consideration of the same, I find that no interference is required by this Court with the concurrent findings recorded by the court below.
Appeal is devoid of merit and dismissed, accordingly.
Order Date :- 4.5.2022
Shekhar
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