RAGHUVEER SINGH Vs. HARGOVIND

JUDGEMENT

(1.) The appellant/defendant has filed this appeal under Section 100 of the Code of Civil Procedure being aggrieved by the judgment and decree dated 24.7.2000 passed by Additional District Judge Sabalgarh District Morena in Civil Appeal No.9A of 1991 reversing the judgment and decree dated 11.1.1991 passed by Civil Judge Class 2, Sabalgarh District Morena in Civil Suit No.23A of 1987 whereby, the suit filed by the plaintiffs/respondents for declaration of title and permanent injunction was dismissed and the counter claim filed by the defendants/appellants was decreed.

(2.) Against this judgment of the lower court, the plaintiffs/respondents filed first appeal. The first appellate court after noting controversy involved in the matter in the form of the issues framed by lower court and the decision given thereupon has mentioned in para 8 of the judgment in the following words:

(3.) Resolving the controversy with respect to the issues no.1 and 2, the first appellate court has made following observations in paras 16 and 17 as under : 1234737-3