JOHNSON KOSHY Vs. MADHU MOHANAN

JUDGEMENT

(1.) THIS Court has heard the learned advocates for the respective parties. The facts of the case, very briefly, are as follows: -

(2.) THE respondent in this appeal had filed a suit against the appellant praying for declaration of her right, title and interest over the property in dispute and eviction of the appellant from a portion thereof. The respondent claimed that she had purchased the suit land on 30.12.1998 from the Niketan Land Development and Housing Cooperative Society, of which she was a member and she had constructed a building thereupon with her own funds which she acquired by obtaining loans from her office and banks etc.

(3.) CHALLENGING such judgment and decree of the learned trial court, the appellant filed an appeal being Title Appeal No.03 of 2009, which was placed before the court of learned District Judge, A & N Islands. It may be recorded here that the aforesaid suit was numbered as Other Suit No.57 of 2006 and the judgment and decree dated 29.11.08 in the aforesaid suit was passed by the learned Civil Judge (Senior Division) at Port Blair.