GANGARAM Vs. RAMCHARAN

JUDGEMENT

(1.) THIS is a second appeal by the defendants under Section 100 of the Code of Civil Procedure. Facts essential for decision are that Ramcharan, the respondent on 3-9-97 filed a civil suit for possession of 5 acres of land out of Khasra No. 362 area 10. 28 acres situated at Village Andhiyari, Tehsil Gairat-ganj under Section 6 of the Specific Relief Act, 1963 (to be called as'act' only ). This civil suit was contested by the appellants and was dismissed by the Trial Court. The respondent filed First Appeal No. 3-A/99 before ADJ, Begumganj, District Raisen who allowed the appeal and decreed that the appellants shall deliver possession of the suit land to the respondent.

(2.) ON second appeal being filed, following substantial question of law was framed by this Court: (i) Whether in view of Section 6 (3) of the Specific Relief Act, first appeal was legally maintainable ?

(3.) SECTION 6 (3) of the Act reads as follows: