LAXMINIYA Vs. DEENA NATH

JUDGEMENT

(1.) Heard Shri H.N. Singh, learned Senior Counsel assisted by Shri Raghvendra Shankar Srivastava for the appellant and Shri Tripathi B.G. Bhai, learned counsel for the contesting respondents.

(2.) The instant second appeal has been filed by the defendants-appellants of Original Suit No. 132 of 1979 challenging the judgment and decree dtd. 11/10/1984, whereby the learned Special Judge, Ghazipur has set aside the trial court's judgment dismissing the suit and has, consequently, granted a decree in favour of the plaintiff-respondent permanently restraining the defendants-appellants from causing interference in the possession of the plaintiff over the disputed portion of the land.

(3.) During the course of hearing, the Court found that narration of facts contained in the judgments of the trial court and the first Appellate Court, when compared to the original pleadings, was found lacking and, therefore, the Court is narrating the relevant facts after perusing the original record.