MUNNER DEVI Vs. SATYA NARAIN

JUDGEMENT

(1.) -This second appeal is directed against the judgments and decrees passed by courts below decreeing the suit of plaintiffs for eviction of the defendant-appellants and recovery of damages for use and occupation of the suit property.

(2.) THIS second appeal was filed by the defendant-appellants in May 1984 as indegent persons along with section 5 of the Limitation Act application. More than 6 years were consumed in serving notices, restoration and for orders of section 5 Limitation Act applications. The respondents were served and on 21-11-1990 the applications of the appellants to file the appeal as indegent persons, section 5 Limitation Act was allowed and the second appeal was heard on 26th and 27th November, 1990 under Order 41 Rule 11 Code of Civil Procedure. The judgment was reserved which is now being delivered.

(3.) BOTH the courts below concurrently held findings of fact that plaintiffs are sons of Sukha and Udasi, the real sister of Suddhu and thus heirs.