RAMDEV Vs. MATHURA PRASAD

JUDGEMENT

(1.) HEARD on admission.

(2.) THIS is defendant's Second Appeal directed against the Judgment and decree dated 9.9.2014 passed in Civil Appeal No. 33 -A/2014 affirming the Judgment and Decree dated 19.10.2012 in Civil Suit No. 90 -A/2009.

(3.) EARLIER to filing of the suit in question; plaintiff had filed a suit for declaration and title over entire Araji No. 265/2 vide Civil Suit No. 156 -A/2006, decreed on 19.12.2009. Where against, a Civil Appeal No. 7 -A/2008 was filed and disposed of on 18.8.2008 declaring the plaintiff owner of suit property. The Appellate Court; however, finding that over 1 Bigha 8.50 Biswa the plaintiff could not establish the possession, granted the plaintiff leave for a fresh suit for possession and incidental relief.