(1.) This Second Appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against the judgment and decree dated 10.7.1978, passed in civil appeal No. 15 of 1975 (A) by learned Civil Judge, Almora, whereby the said appeal is dismissed, affirming judgment and decree passed on 19.6.1975 by the Trial Court in Civil Suit No. 142 of 1970, for relief of possession against the appellant (defendant No. 1) with observation that the plaintiff would be entitled to execute decree for possession against defendant No. 1 (present appellant) and that he (plaintiff) would be entitled to joint possession along with defendant/respondents No. 2 to 4 over the property in suit.
(2.) Heard learned Counsel for the parties and perused the entire record.
(3.) Before narrating facts of the case, it is pertinent to mention here that how the parties are related to each other. The relationship between them is as follows: <IMG>JUDGEMENT_120_CCC4_2006Image1.jpg</IMG>