PRAN SUKH Vs. RAM PRASAD

JUDGEMENT

(1.) Both the above second appeals arise out of common judgment and order dated 13.11.1987 passed by the IV Additional District Judge, Bulandshahar in Civil Appeal No. 71 of 1984 (Ram Prasad vs. Pran Sukh & others) and Civil Appeal No. 112 of 1984 (Ram Prasad vs. Pran Sukh & others) and these appeals are being decided by a common order.

(2.) The facts of the case are that two suits namely Original Suit no. 280 of 1981 and 425 of 1981 were filed before the court below. The Original Suit no.425 of 1981 was filed by respondent Ram Prasad against the appellant Pran Sukh and others for permanent injunction. The other Original Suit no.280 of 1981 was filed by the appellant against respondent Ram Prasad for the relief of possession.

(3.) It may noted that with respect to the suit property, the proceedings under Section 145 Cr.P.C. were initiated and the disputed property was attached and it was directed that both the parties should get declaration of their rights with respect to the land in question from the Civil Court.