YASHRAJ DATTA Vs. BHERULAL

JUDGEMENT

(1.) The unsuccessful plaintiff has taken redressal of this Court under section 100, Civil Procedure Code by challenging the judgment and decree passed by two Courts below dismissing his suit for declaration of Bhumiswami right and injunction. No exhaustive statements of fact are required to be narrated for the purpose of disposal of this second appeal looking to the sole substantial question of law which has been framed and which is in respect of decree for injunction in respect of plaintiff. Suffice it to say that plaintiff has specifically pleaded that he is the Bhumiswami and is having possession over the suit property and, therefore, the suit be decreed. The defendants No. 1 and 2 by filing the written-statement denied the plaint averments and specifically pleaded that they are the Bhumiswami of the land in question and are also possessing the same.

(2.) The learned trial Court framed necessary issues and after recording the evidence of the parties dismissed the suit. The first appeal which was filed by the plaintiff has also been dismissed by the impugned judgment and decree.

(3.) In this manner, this second appeal has been filed by the plaintiff which was admitted on 24-1-2001 on the following substantial question of law:--