Balmiki Chauhan v. Krishna Chauhan

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.610 of 2010 =========================================================== Balmiki Chauhan, son of Jagmohan Chauhan, resident of Village Mahmada, PS Barbigha, District Sheikhpura ............... Plaintiff .................. Appellant .... .... Appellant

Versus

Krishna Chauhan, son of Late Parmeshwar Chauhan, resident of Village Mahmada, PS Barbigha, District Sheikhpura ,......... Defendant ................. Respondent .... .... Respondent =========================================================== Appearance :

For the Appellant/s : Mr. DR. ANJANI PD. SINGH For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 27-07-2015 Heard Mr. Dronacharya, learned Counsel appearing for the appellant.

2. The plaintiff is the appellant in this appeal against the judgment and decree of affirmance dismissing the suit filed by the plaintiff for eviction.

3. Both the courts below have come to the concurrent finding that the plaintiff has failed to establish his relationship of landlord and tenant with the defendant. It also transpires, after consideration of the submission on behalf of the appellant, that the plaintiff has not led any documentary evidence to establish the fact that the defendant was inducted as a tenant in the suit premises. There is only oral evidence in this regard by the plaintiff himself and another by PW 2 Bishundeo Chauhan. Both the courts below have scrutinized the deposition of P.W. 1 and 2 and have declined to rely on them.

4. After considering the submissions and perusal of the

Patna High Court SA No.610 of 2010 dt.27-07-2015 impugned judgments of both the courts below this Court does not find any substantial question of law arising for consideration in this Second Appeal, which is accordingly dismissed.

(V. Nath, J.) Snkumar/- U