ASHOK KUMAR Vs. GANGADHAR

JUDGEMENT

(1.) S.A. No.477 of 1999 is preferred by the defendants in O.S.No.115 of 1984 on the file of the Junior Civil Judge, Bhainsa. The plaintiff filed the suit seeking declaration of title and recovery of possession of the suit land to an extent of Ac.6-00 in Sy.No.62 more fully described in the plaint schedule and for mesne profits.

(2.) S.A. No.478 of 1999 is preferred by the defendants in O.S. No. 119 of 1984 on the file of the Junior Civil Judge, Bhainsa. The suit was filed by the plaintiff in the said suit for declaration of title and possession of the suit land to an extent of Ac.4-29 guntas in Sy.No.62/A with mesne profits.

(3.) The trial was conducted and both parties adduced both oral and documentary evidence in both the suits. As the defendants are common in both the suits, they were clubbed and a common judgment was delivered by the trial Court decreeing both the suits as prayed for without costs. The defendants, being aggrieved by the common judgment of the trial Court, dated 27-1-1997, preferred A.S. No. 15 of 1997 on the file of the Senior Civil Judge, Nirmal against the judgment and decree in O.S. No. 115 of 1984 and A.S. No. 16 of 1997 on the file of the Senior Civil Judge, Nirmal was filed against the decree and judgment in O.S. No.119 of 1984. The learned Senior Civil Judge dismissed both the Appeals by confirming the judgment and decree of the trial Court in all respects. Being aggrieved by the common judgment of the appellate Court, the defendants preferred the present appeals. As both the appeals arose out of the common judgment, they are clubbed and this common judgment is delivered.