SAMPAT LAL Vs. NATHU LAL AND ORS.

JUDGEMENT

(1.) APPELLANT -plaintiff has laid this second appeal under Section 100 CPC to assail the impugned judgment and decree dated 29.07.2004 passed by District and Sessions Judge, Rajsamand (for short, 'learned Lower Appellate Court'), whereby learned Lower Appellate Court has affirmed the judgment and decree dated 19.08.1996 passed by Civil Judge (Senior Division), Nathdwara (for short, 'learned trial Court').

(2.) THE learned trial Court, by its judgment dated 19.08.1996, dismissed the suit filed by appellant -plaintiff for mandatory injunction after deciding all the issues against the appellant. Aggrieved by the judgment and decree of the learned trial Court, appellant -plaintiff approached first Appellate Court and the first Appellate Court, while fully concurring with the findings and conclusions of the learned trial Court, dismissed the appeal.

(3.) UPON perusal of the impugned judgment, this Court feels that the learned Lower Appellate Court has not thrashed out the matter in its entirety and has not even addressed on factual aspects of the matter, therefore, appeal is admitted on following substantial question of law: - -