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Damodar Lal vs. Sohan Devi & Ors. – (SC)

34.00 3.40

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Law of eviction–Findings of eviction on the ground of material altercation–Upsetted by second appellate Court–Justification–View of High Court the plaintiff did not appear in witness box, so adverse inference should be drawn against him–Whether proper ?–Held, no–Plaintiff discharged his burden by examining his witnesses–Defendant failed to shake their evidence–Findings of facts could not be upsetted in second appeal–Impugned judgment of High Court set aside and findings of first appellate Court restored.