DHANESWAR PATHAK Vs. DURGESWAR PATHAK

JUDGEMENT

(1.) Heard Mr. G. N. Sahewalla, the learned Senior counsel assisted by Ms. S. Todi, the learned counsel appearing on behalf of the appellants in RSA No.159/2012 as well as respondents in RSA No.204/2012 and Ms. R. Choudhury, the learned counsel appearing on behalf of the respondents in RSA No.159/2012 and appellants in RSA No.204/2012.

(2.) Both the appeals i.e. RSA No.159/2012 and RSA No.204/2012 arises out of a common judgment and decree dtd. 10/5/2012 passed in Title Appeal No.02/2009 whereby appeal was allowed thereby setting aside the judgment and decree dtd. 19/12/2008 passed in Title Suit No.17/2007. Being aggrieved, the defendants in Title Suit No.17/2007 have preferred RSA No.159/2012 and this Court vide an order dtd. 29/8/2012 have admitted the said appeal by formulating two substantial questions of law which are:

(3.) The plaintiffs who were the appellants in Title Appeal No.02/2009 in spite of the fact that the said appeal was decided in favour of the plaintiffs thereby decreeing the suit in favour of the plaintiffs by declaring their right, title and interest over the suit land and there was a direction to the Revenue Authority to correct the revenue records in the name of the plaintiffs but however as the First Appellate Court did not grant the decree for recovery of possession granted in favour of the plaintiffs by evicting the defendants, their agents, servants, workmen etc. from the suit land, the Second Appeal being RSA No.204/2012 was filed.