KANHU Vs. BADALSHAHA

JUDGEMENT

(1.) This second appeal is preferred against judgment and order dated 29.11.2006, passed by the learned Principal District Judge, Gadchiroli, in Regular Civil Appeal No.14 of 2006, whereby the first appellate Court was pleased to allow the appeal partly and decree the suit for possession. The first appeal arose from judgment and order dated 17.12.2005, passed by the learned Joint Civil Judge Junior Division, Gadchiroli, in Regular Suit No.87 of 1997, whereby the suit was dismissed and mesne profits were disallowed.

(2.) This second appeal was admitted on 27.2.2007 on the following substantial question of law, thus :

(3.) The trial Court, it appears that, had decided the suit for possession and mesne profits preferred by plaintiffs against the appellant/defendant. The case of plaintiffs was based upon the ownership of the suit land bearing Survey No.124, area admeasuring 0.30 hectare, situated at Mouja Jawalwahi, District Gadchiroli.