GANGA SINGH Vs. JAMUNA PRASAD

JUDGEMENT

(1.) This Second Appeal, filed by the plaintiffs under Sec. 100 of Code of Civil Procedure, is against the judgment and decree dtd. 17/4/2009 passed by Upper District Judge, FTC, Rajnandgaon (CG), in Civil Appeal No.32-A/2007, which in turn arises out of judgment and decree dtd. 6/5/2005 passed by Civil Judge Class-I, Ambagarh Chowki, Dist. Rajnandgaon in Civil Suit No. 23A/99.

(2.) By impugned judgment and decree, the first appellate Court allowed the appeal only with respect of part of the suit land bearing Khasra No.53/1, area 0.25 decimal and dismissed plaintiffs'/appellants first appeal with regard to remaining suit land and upheld the judgment and decree passed by the trial Court, which had dismissed plaintiffs' suit for declaration of title and recovery of possession. (For the sake of convenience, parties would be referred hereinafter as per their status and ranking shown in the suit before the trial Court.)

(3.) So the question which arises for consideration in this appeal is whether the two Courts below were justified in dismissing plaintiffs' suit for declaration and recovery of possession in relation to suit land except Khasra No.53/1 area 0.25 decimal?