RAMALINGA BAJANAI MADAM Vs. GERART PAPPAMMAL

JUDGEMENT

(1.) THE second appeal has been preferred by the plaintiff.

(2.) THE suit was filed by the plaintiff to declare its right over the suit property and for injunction restraining the first defendant and his men from interfering with the peaceful possession and enjoyment of the suit property by the plaintiff.

(3.) PARAGRAPH 4 refers to the suit O. S. 211 of 1974 and to the suit O. S. No. 459 of 1980. O. S. No. 211 of the 1974 was filed by the first defendant against four persons for declaration of title to suit property. Suit o. S. No. 459 of 1980 was filed by the Madam against the first defendant for setting aside the sale in favour of the defendant No. 4, the 1st defendant herein in the present suit and for injunction restraining him from interfering with the peaceful possession of the plaintiff. The said suit was dismissed as not pressed on 12. 12. 1981. The lower appellate court after perusal of Exs. B6 to b11 relating to these two suits it has answered point No. 5 in favour of the first defendant. Thus the lower appellate court has reversed the finding of the trial court and set aside the decree in favour of the plaintiff. Therefore, the plaintiff Bajanai Madam is before this Court.