RAM CHANDRA YADAV Vs. SHAHID ALAM

JUDGEMENT

(1.) Instant Second Appeal is listed for admission under Order 41 Rule 11 Code of Code of Civil Procedure The Respondents-Defendants are represented and the lower Court record is also available. In the circumstance, respective counsels appearing on behalf of the Appellants and the Respondents are ready to argue the Second Appeal finally. Thus, the appeal proceeds for final hearing.

(2.) The substantial question of law which arises in the instant Second Appeal was formulated on 20.1.2011. Though learned Counsel has framed a number of substantial questions of law , but the appeal is being heard only on the following substantial question of law:

(3.) Title Suit No. 16 of 1997 was preferred by Shahid Alam against the Defendants-Appellants claiming the reliefs for declaration of his title over the suit land detailed in schedule-1 of the plaint and to put the Plaintiff in possession over the suit property after ejecting the Defendants and a decree for realization of Rs. 6800/-on account of losses suffered by the Plaintiff due to Defendants' unlawful retention of the suit property assessed at the rate of Rs. 200/-per month with effect from July 1994 to May 1997. Also for realization of pendente lite and future damage till delivery of possession at the rate of Rs. 200/-per month and also for a decree for permanent injunction restraining the Defendants from executing any deed of transfer or encumbrance on the suit property.