SHIVAYYA Vs. PRAVEEN

JUDGEMENT

(1.) THE appellant is the first defendant, second respondent was 2nd defendant and first respondent was the plaintiff in the trial Court in O. S. No. 67/91. For the sake of convenience, the parties are referred to as per their rank in the trial Court.

(2.) THE plaintiff, claiming to be the owner, has filed the suit against the defendants for possession and mesne profits in respect of the suit schedule property which is a car garage, alleging that defendants are trespassers. The defendants resisted the suit denying plaintiff's claim and have prayed for dismissal of the suit. After trial, the trial Court, by its judgment dated 30-6-2001 dismissed the suit. The plaintiff challenged the correctness of the same in r. A. No. 21/2001. The first appellate Court, by its judgment dated 29-8-2003 allowed the appeal, set aside the judgment and decree of the trial Court and decreed the suit for recovery of possession and mesne profits. Aggrieved by the same, the first defendant filed this appeal questioning the correctness of the judgment and decree passed by the first appellate Court by framing the following three substantial questions of law for consideration of this Court:-

(3.) WHILE the learned Counsel for the first defendant/appellant contended that the findings and reasons recorded by the first appellate court are not only erroneous but error in law, learned counsel for the plaintiff has justified the same and prayed for dismissal of the appeal contending that neither the substantial questions framed in this Appeal or any other question arises for consideration of this Court.