ASHOK KUMAR & OTHERS Vs. SULTAN KHAN

JUDGEMENT

(1.) HEARD Sri B.N. Agarwal, learned Counsel for the defen­dant-appellants and Sri Mukhtar Alam for the sole plaintiff-respondent.

(2.) THE dispute in the present suit is about a piece of land occupied by a shop which has been shown by letters DEFG in the paint map and admitted to be part of a bigger plot of ABCDEH or HBCE as shown in the plaint map.

(3.) THE Trial Court vide judgment and order dated 9.10.1998 decreed the suit holding that the plaintiff respondent is the lawful lessee of the land ABCDEH or BHEC. The defendant appellants are in possession of the land occupied by the disputed shop shown by letters GDEF which is part of the above land and as such they are directed to vacate the same and to handover its possessions to the plaintiff respondent. Against the aforesaid judgment and order for the trial Court, the defendant respondents preferred Civil Appeal No. 80/1998. The appeal too has been dismissed by the lower appellate Court vide judgment and order dated 1.10.2004.Therefore the defendant respondent has preferred this second appeal having lost from both the Courts below.