MUNICIPAL CORPORATION Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) The substantial questions of law involved in both the appeals and to be answered by this Court are as under:

(2.) The trial Court by its judgment and decree dismissed the suit of the plaintiff finding inter alia that--

(3.) Feeling dissatisfied with the judgment and decree passed by the trial Court dismissing the suit, the plaintiff filed an appeal under Section 96 of the Code of Civil Procedure, 1908 (henceforth 'the CPC') before the first appellate Court. The first appellate Court, by the impugned judgment and decree, allowed the appeal and decreed the suit finding inter alia that the plaintiff is in possession of the scheduled suit land and, therefore, without following the due procedure of law he cannot be evicted and, therefore, the plaintiff is entitled for a decree of permanent injunction.