CHUNTI RAJWAR Vs. SHYAMKUNWAR (DIED)

JUDGEMENT

(1.) This is the Plaintiffs Second Appeal against the judgements passed by the two Courts below.

(2.) By way of the instant Second Appeal the Appellant/Plaintiff intends to challenge the judgement and decree dated 6.8.2003 passed by District Judge, Surguja (Ambikapur), in Civil Appeal No.28-A/2003. By the said judgement and decree, the First Appellate Court has affirmed the judgement and decree dated 8.12.1995 passed by Fifth Civil Judge, Class-II, Ambikapur, in Civil Suit No.49-A/1994.

(3.) Facts leading to the filing of the instant Second Appeal are that the Plaintiff (Appellant) had initially filed a suit for declaring the Plaintiff to be the sole legal heir of Late Ram Prasad and that there is no other share holder in the property of Late Ram Prasad. The Plaintiff had further sought for an injunction seeking for a declaration of restrain against the Defendants (Respondents) from interfering with the suit property mentioned in Schedule-A of the suit and had also sought for restrain from interference in the possession of the suit property by the Defendants. Subsequently, by way of an amendment, the Plaintiff had further sought for a relief of possession of the property in case if any third party right has been created in favour of the Defendants.