RAM SINGH Vs. QADAM SINGH

JUDGEMENT

(1.) This is plaintiff's second appeal in a suit for permanent injunction restraining the defendant demolishing the plaintiffs building alleged to be situate in plot No. 484 (12 biswas 12 bis-wansies) of village Dudaheri, pargana Khatauli, district Muzaffarnagar, or from making a passage through that plot of land or from interfering in any way with the peaceful possession of the plaintiff over the building and the land. The suit was dismissed by the trial court. The plaintiffs appeal from that decree was also dismissed by the lower appellate court.

(2.) The substantial question of law, for determination of which, notice of the appeal was directed to be issued after hearing under O. 41 R. 11 Code of Civil Procedure, as formulated by this Court is; Whether the suit was maintainable.

(3.) The question arises this way: