LAWS(ALL)-1977-1-7

SIDH NATH SHUKLA Vs. ROOP RANI

Decided On January 18, 1977
SIDH NATH SHUKLA Appellant
V/S
ROOP RANI Respondents

JUDGEMENT

(1.) THIS second appeal has been filed by the plaintiff-appellants. The trial court decreed the suit against all the defendants. The lower appellate court, however, allowed the appeal filed by some of the defendants and modified the decree. The suit remained decreed against some of the defendants but was dismissed against the other defendants. Feeling aggrieved, the plaintiffs have now come up in the instant second appeal and contention is that the decree passed by the lower appellate court should be set aside and that of the trial court be restored.

(2.) THE brief facts are these:-

(3.) THE trial court framed the necessary issues and tried the suit. THE plaintiffs' case was accepted and it was held that the defendants had made the alleged encroachments by raising constructions which were liable to be demolished. THE suit was held to be maintainable and not barred by estoppel or res judicata. THE trial court, therefore, decreed the suit against the defendants.