ALLADIN Vs. MUNNALAL

JUDGEMENT

(1.) .This is defendant's appeal. The suit filed by the plaintiff was decreed. The defendant filed an appeal but remained unsuccessful. The plaintiff's case was that defendant started digging foundation on 15.9.1980 on a piece of land regarding which he had no title. Thy plaintiff's case was that he was dispossessed on 13th of September 1980 and the present suit was riled on 16th of September 1980. At the time when this appeal was admitted a question of law was formulated - - "whether the plaintiff was entitled to a decree of declaration and injunction when admittedly he was not in possession of the land.