G. USHARANI Vs. BUDHIA SAHU (DEAD) & OTHERS

JUDGEMENT

(1.) In these appeals under above noted item No. (A) and (B) filed under section 100 of the Code of Civil Procedure, the appellant has called in question the common judgment and decree passed by the learned Additional District Judge, Berhampur in Title Appeal No. 1/95 corresponding to Title Appeal No. 71/85 GDC (A-1) and Title Appeal No. 2/95 corresponding to Title Appeal No. 78/85 GDC (A-II).

(2.) The appellant as the plaintiff had filed Title Suit No. 13 of 1984 in the Court of learned Civil Judge (Sr. Division), Berhampur praying for delivery of possession of the suit land and mesne profit against Budhia Sahoo (since dead) arrayed as defendant No. 1 who is now represented by his legal representatives as respondents on the allegation that he has trespassed into the suit property. The suit was decreed in part by the judgment dated 18.10.1985. The trial Court while passing an order for delivery of vacant possession of the suit property in favour of the plaintiff directing eviction of the said Budhia Sahu, the defendant No. 1, however had rejected the claim of mesne profit.

(3.) Being aggrieved by the aforesaid judgment, when the plaintiff filed the above noted appeal under (A-1), assailing that part of denial of the relief of grant of mesne profit as claimed; the defendant No.1 namely, Budhia Sahoo also filed an appeal under (A-II), questioning the judgment and decree passed against him for eviction directing him for delivery lof vacant possession of the suit property to the plaintiff. Both the appeals being analogously heard were finally disposed of by remanding the suit to the trial Court. Said order of remand was challenged by the plaintiff carrying appeal numbered as M.A. No. 183 of 1987 before this Court. By the judgment dated 12.01.1989, this Court remanded the matter to the lower appellate Court with certain directions. Thereafter the appellate Court has dismissed the appeal under (A-1) filed by the plaintiff as the appellant and has allowed the appeal under (A-II) filed by the defendant No.1. The suit of the plaintiff having thus been dismissed, now the above noted second appeals under in (A) & (B) have been filed.