ARJAN NARAN Vs. JEDIBAI MOHAN

JUDGEMENT

(1.) Having perused the judgment of the first Appellate Court since this Court was of the opinion that this appeal is required to be finally decided at this stage, learned advocates for the parties have requested to decide the appeal finally at this stage. The appeal is therefore admitted on following substantial questions of law.

(2.) This appeal under Section 100 of the Civil Procedure Code is filed by the original defendant No.1 against whom as well as against the respondent No.5 herein defendant No.2, the respondent Nos.1 to 4 original plaintiffs filed Special Civil Suit No.68 of 1979 for declaration or in the alternatively, partition of 1/3rd share in the suit properties and for permanent injunction.

(3.) The Trial Court decreed the suit for recovery of possession of the property mentioned and described in Schedule B from the defendant No.1 husband of the appellant No.1/1 and father of appellants No.1/2 to 1./4 The Trial Court also declared the plaintiffs entitled to recover mesne profits in respect of the said suit property, for the period from 18.08.1971 till realization of the possession thereof from the defendant No.1. The Trial Court further passed order for permanent injunction restraining the defendants from causing any interference or obstruction in the enjoyment of the suit property described in Schedule B by the plaintiffs.