K. P. Singh, J. - (1.) THIS is a defendant's second appeal arising out of a suit for permanent injunction restraining the defendants from interfering with the possession of the plaintiff over the disputed trees standing in plot no. 236/3 new plot no. 290.
(2.) IT appears that the plaintiff had claimed title to the disputed plot no. 236/3 new plot no. 290 and had alleged that the disputed trees stood therein, and in the alternative it had been alleged that if the disputed trees did not stand over plot no. 290, and stood on plots nos. 291 and 292, the plaintiff had got right and title to the disputed trees by virtue of being owner due to adverse possession for more than 12 years. The claim of the plaintiff was contested by the defendants on the ground that the disputed trees stood in plots nos, 291 and 292 which were his grove, and that the plaintiff's claim was barred by the provisions of section 49 of the UPCH Act, and various other pleas were taken. The trial court had dismissed the plaintiff's suit and in appeal the plaintiff has succeeded. Now aggrieved by the judgment of the appellate court, the defendant has approached this Court under section 100 of the Code of Civil Procedure.
(3.) THE learned counsel for the appellant has contended before me that the lower appellate court has acted illegally in holding that the disputed trees stood in plot no. 236/3. According to him, in view of the confirmed map and report of the Commissioner, the disputed trees stood in plots nos. 291 and 292, and in the view of the matter the finding recorded by the lower appellate court that the disputed trees stood in plot no. 236/3, is due to the misappreciating evidence on record. The learned counsel for the plaintiff-respondent has contended that the lower appellate court has recorded a categorical finding of fact that the disputed trees stood in plot no. 236/3, and the decree passed by the lower appellate court restraining the defendants from interfering with the possession of the plaintiff over the trees in dispute is fully justified in the circumstances of the present case.;