BASU DEV Vs. NARAD

JUDGEMENT

(1.) Decree of permanent prohibitory and mandatory injunction granted in favour of the plaintiff by the learned Trial Court was affirmed by the learned First Appellate Court with slight modification in the relief clause. Aggrieved, the legal heirs of original defendant have filed this second appeal.

(2.) Facts.

(3.) Having suffered two concurrent judgments and decrees passed by the learned Courts below, the defendants, legal heirs of original defendant Budhu Ram have preferred this regular second appeal under Sec. 100 of the Code of Civil Procedure. This appeal was admitted on 16/3/2010 on the following substantial questions of law:-