RAM ABHILAKH Vs. ANGNU AND ANOTHER

JUDGEMENT

(1.) Heard learned Counsel for the appellant.

(2.) Present second appeal arises out of a suit for permanent injunction. The plaintiff-appellant has filed a suit for permanent injunction restraining the defendants from dispossessing him and from cutting the trees in question and claiming that the land in dispute and the trees standing thereon were owned by them. The claim of the plaintiff-appellant was denied by the defendants-respondents, who have pleaded that the land and the trees were owned by the Gaon Sabha and the plaintiff had no concern with the same.

(3.) On the basis of pleadings of the parties, the trial Court framed eight issues. The parties thereafter produced evidence in support of their cases. The trial Court has recorded findings on the relevant issues against the appellant. It was held that the appellant was neither owner nor in possession of the property in dispute. Having recorded the said findings on the relevant issues against the appellant, the suit was dismissed by the trial Court by its judgment and decree dated 11.3.1999. Aggrieved by the judgment and decree passed by the trial Court, an appeal was filed by the appellant before the Court below. The Court below has also affirmed the findings recorded by the trial Court and dismissed the appeal by its judgment and decree dated 18.10.2001, hence the present second appeal.