ISHWAR CHAND Vs. JEEVRAJ MANOJKUMAR

JUDGEMENT

(1.) THIS second appeal under Section 100 CPC is directed against judgment and decree dated 31.10.2013 passed by the Additional District Judge No.2, Bikaner, whereby the judgment and decree dated 12.09.2011 passed by the Civil Judge (Junior Division), Nokha, Bikaner has been upheld.

(2.) THE facts in brief may be noticed thus: the plaintiff filed the suit seeking possession of the suit property situated at Nokha after giving notice under Section 106 of the Transfer of Property Act,1882 ('the Act of 1882').

(3.) FEELING aggrieved, first appeal was filed and the same issues were again raised; the first appellate court after discussing the issue raised reiterated the findings recorded by the trial court and came to the conclusion that the notice under Section 106 of the Act of 1882 was valid and the suit was maintainable and upheld the judgment and decree passed by the trial court.