SHIVAN MANDAL Vs. MURARI MISHRA

JUDGEMENT

(1.) RSA No. 212 of 2014

(2.) Ms. Pratibha Rani, J. - This Regular Second Appeal under Section 100 of Civil Procedure Code of has been filed by the appellant (plaintiff in Civil Suit No.399/2012) assailing the judgment of the First Appellate Court in RCA No.18/2013 whereby the judgment passed by the learned Trial Court dismissing the counter-claim of the respondent herein has been set aside and the counter-claim has been decreed by granting a decree of mandatory injunction. 2. Vide impugned judgment and decree dated 7th July, 2014 the respondent/counter-claimant has been held entitled to recover the possession of Jhuggi No.195-A, T-Huts, Camp No.1, Bhim Nagar, Delhi as shown in site plan Ex. PW-1/D1.

(3.) The substantial question of law raised in this appeal is "Can a person acquire title by reason of acquiescence or estoppels on the part of the opposite side?"