HARIBANS SINGH Vs. BASIST KUMAR

JUDGEMENT

(1.) The suit out of which this appeal arises, was filed by the plaintiff-appellant for (a) recovery of possession for portion of land delineated by letters ABCD and ACEF. sketch man attached to the plaint, forming cart of S. P. 347. (b) removal of encroachment from public land S. P. 354. shown as GHIJ and (c) closure of the door opened by the defend ant-respondent at point 'I' shown in sketch man as the same violated plaintiff's privacy as well as for injunction. The defendants denied the claim and contested the suit.

(2.) The trial court dismissed the suit so far it related to prayers (a) and (b) but allowed the oraver (c).

(3.) The plaintiff preferred Title Appeal No. 42/65 for relief sought in prayers (a) and (b) and the defendant also preferred another appeal being T. A. No 43/65 so far prayer (c) was concerned. The two appeals were heard together by 2nd Additional Sub-Judge. Sasaram. who dismissed plaintiff's appeal 42/65 and allowed defendant's appeal No. 43/65 and thus dismissed the suit in its entirety. The plaintiffs have thereafter filed the present second appeal challenging the decision in both the title appeals and pravine for a full decree in the suit. They attached a certified copy of the common judgment and certified copies of both the decrees in the two appeals, and paid full court-fee, necessary for setting aside the two decisions of the lower appellate court and for decreeing the suit in its entirety. In the aggrieved portion of the memorandum of appeal they specifically mentioned that the decrees in both the two title appeals were under challenge.