CHOWA RAM Vs. SANJAY KUMAR

JUDGEMENT

(1.) The appellant/defendant No.1 has preferred the second appeal under Sec. 100 of the CPC being aggrieved by the judgment and decree dtd. 4/12/2004 passed by the 1 st Additional District Judge, Mahasamund in Civil Appeal No. 39-A/2003 whereby the First Additional District Judge while allowing the appeal and reversing the judgment and decree dtd. 24/10/2003 passed by the 3 rd "Civil Judge, Class-1, in Civil Suit No. 125-A of 2002 dismissed the suit for possession and vacant possession.

(2.) For the sake of convenience, the parties shall be referred to in terms of their status in Civil Suit No. 125-A of 2002.

(3.) This Court vide its order dtd. 15/4/2005 has stayed the decree so far as it relates to delivery of possession till the next date of hearing and this Court admitted the appeal vide its order dtd. 27/8/2015 on the following substantial question of law:-