FRANCIS BENNADIC D SOUZA Vs. ANDREW ALIAS JAIRSON

JUDGEMENT

(1.) By this appeal the appellants have challenged judgment and order dated 14th September, 1993 passed by 4th Additional District Judge, Nagpur in Regular Civil Appeal No. 340/1990, whereby the appeal by the original plaintiff was partly allowed and after setting aside judgment and decree dated 23-10-1990, passed by Second Joint Civil Judge Jr. Dn., Nagpur, the first Appellate Court declared that the appellant (plaintiff) is exclusive owner of the suit plot purchased by him pursuant to sale deed (Ex.23) in the suit. However, the first Appellate Court declined to grant relief of possession in favour of the plaintiff in respect of three rooms occupied by respondent Andrew @ Jairon s/o Bennadick D Souza.

(2.) The conspectus of the facts can best be narrated as under:

(3.) Being aggrieved, the plaintiff had challenged the decree of dismissal by Regular Civil Appeal No. 340/1990 before 4th Additional District Judge, Nagpur who has pleased to allow the appeal partly.