BEERJA NISHAD Vs. RAMDEEN AND 5 OTHERS

JUDGEMENT

(1.) This is plaintiff-appellant's second appeal under Section 100 of the C.P.C.

(2.) The plaintiff-appellant filed a suit for rectification in the sale deed and the permanent injunction over plot no. 703. It was averred that the plaintiff-appellant has purchased plot no. 703 over which he has possession but in the sale deed it has been wrongly mentioned as plot no. 70 The case of the plaintiff-appellant was that he has no possession over plot no. 703 wherein he has constructed poultry form, boring etc.

(3.) Later, the plaintiff-appellant has given up his claim for rectification of the sale deed over plot no. 702. The trial court found that the plaintiff-appellant is owner of only plot no. 702 in respect of which the sale deed was executed on 07.06.1994 and 17.08.1994. The trial court has also found that the defendants-respondents are in possession of plot no. 703 as such, the finding is based on the documentary and oral evidence.