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Judgment
Sanjay K. Agrawal, J
The appellant / plaintiff has filed a suit for declaration of title for possession and permanent injunction stating inter-alia that the order of Sub-
Divisional Officer (Revenue) dated 30.12.1995 declaring the title as null and void and directing handing over the possession to the defendants No. 1 to
7 is unsustainable as they do not belong to the Scheduled Tribe and are of Baghel Kshatriya Caste. The trial Court dismissed the suit ex-parte which
has been affirmed by the First Appellate Court against which this second appeal has been preferred.
Mr. R. K. Jain, learned counsel appearing for the appellant would submit that the concurrent finding recorded by the two Courts below holding the
respondent as the members of the Scheduled Tribe is perverse and contrary to record.
I have heard learned counsel for the appellant.
The two Courts below have held that the respondents No. 1 to 7 are members of the Scheduled Tribe and there is no evidence brought on record to
hold that they are not the members of the Scheduled Tribe and as such, both the Courts below have rightly dismissed the suit which is neither perverse
nor contrary to law and I do not find any merit in the substantial question of law for determination.
Accordingly, the second appeal deserves to be and is hereby dismissed.