DUBRAJ HEMRON Vs. ABRAHAM CHALL

JUDGEMENT

(1.) The decision rendered in this second appeal shall also govern the disposal of other connected Second Appeal being SA No. 117 of 2006 because-firstly, both these appeals arise between the same parties, secondly: both relates to same suit property (land), thirdly: it is based on more or less same cause of action and lastly: this court has directed tagging of the aforementioned two appeals for their disposal analogously.

(2.) This is a second appeal filed by the defendant under Sec. 100 of the Code of Civil Procedure against the judgment dated 16.11.2002 and Decree dated 14.1.2003 passed by Ad-hoc Additional District Judge No. 1, Tinsukia which in turn arise out of judgment/decree dated 6.9.2001 passed by Civil Judge (Sr. Division) No. 1, Tinsukia in Title Suit No. 29 of 1994.

(3.) By impugned judgment/decree, the first appellate court dismissed the defendant's first appeal and in consequence confirmed the judgment/decree passed by the trial court which had decreed plaintiff's suit for declaration of his ownership rights over the suit land, confirmation of his possession and for permanent injunction against the defendant restraining them from interfering in plaintiff's possession over the suit land in any manner.