SHARIF AND ORS. Vs. KUTBUDIN

JUDGEMENT

(1.) For the reasons mentioned in the application filed under Sec. 5 of the Limitation Act, delay of one day in filing the appeal is condoned.

(2.) Facts are being referred from R.S.A. No. 4577 of 2004.

(3.) This is defendants' appeal filed under Sec. 100 of the Code of Civil Procedure, 1908 (for brevity 'the Code'), challenging concurrent findings of fact recorded by both the Courts below holding that the plaintiff -respondent Kutbudin is entitled to a decree for permanent injunction restraining the defendant -appellant from interfering in his peaceful possession and from discharging the used water of the hand pump over the suit land. The other suit filed by the defendant -appellant from which the R.S.A. No. 4558 of 2004 has arisen, has also been dismissed.