VISHWA NATH Vs. RAJA RAM

JUDGEMENT

(1.) This is a defendant's second appeal. The Trial Court did not accept the plaintiff's case in its entirety and refused to grant the relief as prayed for even though the suit was partly decreed restraining the defendant from interfering with the use and occupation of the disputed area of the land to the extent as indicated in the map submitted by the Advocate Commissioner, which forms part of the decree namely Paper No. 18-Ka-2.

(2.) The plaintiff was aggrieved by that part of the judgment whereby the main relief of permanent injunction in respect of the disputed land, as prayed for, had been refused as a result whereof the plaintiff filed an appeal which was allowed by decreeing the suit in respect of 180 links of the land lying towards the North of the plaintiff's house after recording a finding on the existence of the boundary of the said area which was claimed by the plaintiff under a sale-deed.

(3.) The defendant had not filed any appeal against the partial decree as granted by the Trial Court. The defendant, however, became aggrieved with the judgment of the Court below after the entire suit was decreed hence this Second Appeal.