The High Court agreed with the defendant, allowed the second appeal and dismissed the plaintiffs suit by the Judgment which is impugned in the present appeal.
He also prayed for permanent injunction restraining the respondent from interfering with his possession.
The appeal arises out of a suit filed 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.
On appeal by the plaintiff appellant the first appellate companyrt reconsidered the evidence led by the parties and recorded findings of fact in favour of the plaintiff appellant, and on that basis decreed the suit.
The trial companyrt accepted the defendants case and dismissed the suit.
The defendant denied the averments as pleaded by the plaintiff and companytended that the suit was fit to be dismissed.
The respondent moved the High Court by way of Second Appeal under Section 100 of the CPC.
It was urged that the findings of fact in favour of the plaintiff in the judgment under challenge before the High Court were illegal.
Heard the learned Counsel for the parties.
Hence he is liable number to be disturbed therefrom.
Special leave is granted.
