SURYA DIN Vs. NARAYAN DAS

JUDGEMENT

(1.) The plaintiff -- appellant taking the aid of Section 100 of CPC has preferred this second appeal against the judgement of reversal. The suit for permanent injunction was decreed in his favour and first appeal, which was filed by the defendant, the judgement of trial Court has been reversed. No exhaustive statement of facts are required to-be narrated for the purpose of disposal of this second appeal. Suffice it to say that the suit for injunction has been filed by the plaintiff--appellant praying that agriculture land which he is possessing and the description whereof is mentioned in the plaint and which is the subject matter of the suit, in that land the defendant -- respondent is trying to take possession. Hence, he filed suit for injunction.

(2.) Plaint averments were denied by the defendant in his written statement. According to the defendant plaintiff is not in possession of the suit property rather he (defendant) is in possession of the same and therefore, suit for injunction be dismissed.

(3.) The learned Trial Court framed the necessary issues and after recording the evidence, decreed the suit of plaintiff holding that he is in possession he is in possession of the suit property. The defendant assailed the judgment and decree by filing first appeal before the appellate Court, which has been allowed by the impugned judgment and decree and the appellate Court had directed the plaintiff to deliver the possession of the suit property to the defendant. In this manner, this second appeal has been filed by the plaintiff.