RAM RATAN Vs. KANHIYALAL

JUDGEMENT

(1.) THIS appeal is by the plaintiff against the concurrent judgment and decree dated 18.10.2011 passed by the 6th Additional District Judge, Indore in Civil Appeal No. 1/2010.

(2.) BRIEFLY stated, material facts leading to this appeal, after its circuitous journey, are as under.

(3.) ON consideration of evidence brought on record, trial Court dismissed the suit as the plaintiff failed to establish his case, but decreed the counter claim of the defendant No.1 vide its Judgment and decree dated 22.1.2010. The judgment and decree of the trial Court was affirmed in First Appeal by the lower appellate Court. Against the said judgment and decree, appellant came to this Court in S.A. No. 539 of 2010. The Second appeal was allowed and the case was remanded back to lower appellate Court with a direction to decide the appeal afresh including the question of adverse possession.