PHEROO Vs. UMRAO

JUDGEMENT

(1.) This is a defendants second appeal.

(2.) The plaintiff-respondents filed a suit for an injunction restraining the defendants from interfering with their possession over the land in question, along with trees and bamboo clumps standing thereon, and for recovery of a sum of Rs. 150 as damages. The defendants took the stand that the plaintiffs were neither the owners nor in possession of the disputed property. The trial court, after a consideration of the evidence on record, concluded that the plaintiffs had succeeded in establishing their ownership and possession over part of the disputed property but failed to do so in respect of the rest. It, consequently, decreed the suit in part and dismissed the plaintiff's claim in respect of the remaining part.

(3.) The plaintiff went up in appeal against that part of the decree of the trial court by which it had rejected their claim in part. The defendants filed a cross objection in that appeal in which they assailed the finding of the trial court in regard to that part of its decree which had granted relief to the plaintiff.