KRISHNA PAL Vs. RAGHUNATHI (DECEASED) AND ORS

JUDGEMENT

(1.) Heard learned counsel for appellants and perused the records.

(2.) This second appeal has been filed under Section 100 CPC against the judgment and decree dated 8.8.2017 passed in Civil Appeal No. 96 of 1998 (Krishna Pal and others vs. Raghunathi and others) arising out of the judgment and decree dated 27.3.1998 passed in Original Suit No. 396 of 1986 (Krishna Pal vs. Ram Dular).

(3.) As per given facts of the case, originally deceased-appellant Krishna Pal instituted a suit for possession and demolition arraying Ram Dular, Chote Lal and Shiv Poojan as defendants in respect of disputed plot no. 98 total area 3 biswa 18 dhoor (0-3-18) out of which disputed area shown in the plaint as 1 biswa 10 dhoor (0-1-10) situated at village and post Sagra, Pargana and Tehsil Sadar, District Pratapgarh. As per the case of the appellants-plaintiffs after filing of commission report the suit was amended and disputed area as contained in the amended map was amended as 0-2-2.24 dhoor and relief of damages was also added due to alleged unauthorized action of cutting of trees by the defendant during the pendency of the suit. The respondents-defendants appeared in the suit and filed written statement. On the pleadings of the parties issues were framed and after framing of issues parties led their documentary evidence. The Trial Court after considering the evidence on record dismissed the suit filed by the appellants-plaintiffs. The appellants-plaintiffs feeling aggrieved filed appeal under Section 96 CPC which too was dismissed by the lower appellate Court. The instant second appeal has been filed thereafter by the appellants-plaintiffs.