that there were a number of quarters on the land of the defendant which was for the employees out of which two on the eastern and the western side were in occupation of Babu Lal and Narayan whereas the disputed portion was allotted to Sri Ram Khelawan who is the real brother of the plaintiff and because he had violated he was evicted therefrom, hence, in view of the aforesaid, this finding which has been recorded by the Lower Appellate Court is borne out from the record and apparently these issues ought to first have been clarified and established by the plaintiff having done so then the burden would have been discharged and would then be on the defendants. 40. In the instant case, without looking into this aspect of the matter, the Trial Court considering the weakness in the defence decreed the suit which has been rectified by the Lower Appellate Court, accordingly, this Court is of the view that the findings recorded by the Lower Appellate Court in its judgment and decree dated 21.01.1995 are based on proper appreciation of evidence and are findings of fact which do not suffer from any perversity, accordingly, this Court does not find that there is any error in the judgment of the Lower Appellate Court, consequently, the appeal sans merit and is accordingly dismissed . The judgment of the Lower Appellate Court dated 21.01.1995 passed in Regular Civil Appeal No. 92 of 1990 is upheld. Costs are made easy. The records of the Trial Court be returned forthwith.
