power to interfere can be exercised only if the same are perverse or illegal. Merely because two views are possible on the basis of the facts which have come on record and the evidence, which has been led, would not entitle to this Court to interfere with the findings and conclusions of the Trial Court.
A decision in a civil case is based on balance of probabilities. There are always pros and cons in every case, meaning thereby, there is always something for and against each of the parties as per the evidence, which comes on record.
The balance of probabilities clearly show that the claim of Defendant in the instant case, who has paid the price of the plot, should not be defeated by the act of the Plaintiff in claiming possession of the property which was sold by father of the Plaintiff when admittedly there are no bad or strained relations between the Plaintiff son and his father. Also the agreement to sell nowhere stated that the monies paid for the property purchased in the name of the Plaintiff were not paid by the father, and in fact, the agreement to sell uses the expression "through father", an indication of the father having paid the price for the property. Appeal dismissed.
