TULSI RAM Vs. CHAMARU RAM (DECEASED)

JUDGEMENT

(1.) The instant regular second appeal has been maintained by appellant, Shri Tulsi Ram, who was plaintiff before the learned Trial Court (hereinafter referred to as "original plaintiff"), but, during the pendency of the instant appeal, he died, now the appeal is being pursued by his legal representatives. The original plaintiff maintained a suit against the respondents herein, who were defendants before the learned Trial Court (hereinafter referred to as "the defendants"), for declaration with a consequential relief of injunction under Ss. 34 and 38 of the Specific Relief Act. However, the learned Trial Court dismissed the said suit, vide its judgment dtd. 29/9/2005, passed in Civil Suit No. 6 of 2002, so the original plaintiff preferred an appeal before the learned First Appellate Court, which was partly allowed by the learned First Appellate Court, vide its judgment dtd. 11/6/2007, passed in Civil Appeal No. 119 of 2005.

(2.) The key facts of the case can tersely be summarized as under:

(3.) The original plaintiff, by filing replication, denied and refuted the averments made in the respective written statements of defendants No. 1 to 6 and 7 to 9 and reiterated and reasserted his stand taken in the plaint.