Pathar and son

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Impugning the same, the present second appeal has been laid. Whether the Lower Court is correct in casting the burden of proof on the defendant? Considering the scope of the issues involved between the parties as regards the subject matter lying in a narrow compass, it is unnecessary to dwell into the facts of the case in detail. However, it is found that the suit property is in the possession and enjoyment of the defendant. In conclusion, the second appeal fails and is accordingly dismissed with costs. For the sake of convenience, the parties are referred to as per their rankings in the trial Court. In so far as this case is concerned, we are not concerned with the alleged misappropriation of money said to have been committed by the plaintiff's sons in the Petrol Bunk of the defendant.

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