LAW FOR ALL

No interference in second appeal - suit for injunction - when such findings are neither found to be against the pleadings nor the evidence nor any provisions of law and nor so found perverse to the extent that no judicial person can ever so record. 18) It is not in dispute as now one can say that the respondent's predecessor-in-title was granted Patta in relation to the suit land on payment. It is also not in dispute that the respondent is the grandson of original allottee. It is also not in dispute that the appellant (defendant) though took a stand that the Patta in question was cancelled and money returned but the appellant could not prove it with the aid of any evidence. It is also not in dispute that though the appellant took a stand that the Patta granted to the respondent's predecessor-in-title did not relate to the suit land but of some other land, the appellant also failed to prove even this fact with the 7 aid of any evidence. 19) The aforementioned stand taken by the appellant, in our view, was required to be proved by the appellant because the burden to prove these facts was on them but they failed to prove any of the issues though raised.= In our opinion, the respondent (plaintiff) was able to make out all the three necessary ingredients for grant of permanent injunction with the aid of evidence, namely, the prima facie case, the balance of convenience and the irreparable loss and injury, if the injunction is not granted to him. Since the respondent held a Patta of the suit land, there was a prima facie case in his favour. Secondly, he was also held to be in possession of the suit land and hence the other two ingredients, namely, the balance of convenience and irreparable loss and injury, were also in his favour. It is for these reasons, in our view, the plaintiff was rightly held entitled to claim permanent injunction against the 8 appellant (defendant) in relation to the suit land. 21) We, therefore, find no ground to interfere in any of the factual findings recorded by the two Courts below nor we find any merit in any of the arguments of the learned counsel for the appellant, which were only based on facts and evidence.