JANARDAN NAIK Vs. KHAGESWAR NAIK

JUDGEMENT

(1.) THE suit out of which this second appeal arises was filed by the plaintiffs respondents against the defendants appellants for declaration of right, title and interest and confirmation of possession, alternatively for recovery of the plaint scheduled lands. THE trial Court decreed the suit in part in respect of Ga and Gha Schedule lands measuring 75 decimals and 82 decimals respectively and their possession was confirmed in respect of the same. In respect of Ka, Kha, Gha and Una schedule lands (which form the subject matter of this second appeal) the trial court declared that the plaintiffs have got no exclusive right over the same. As against the said decision of the trial Court the plaintiffs filed an appeal. THE learned lower appellate Court allowed the plaintiffs' appeal and declared the plaintiffs' alleged right over the disputed Ka, Kha, Gha, and Una schedule lands and confirmed the plaintiff's possession in respect thereof. Hence this second appeal.

(2.) A genealogical table showing the relationship of the parties is set out as follows :