SANTOSH KUJUR Vs. LOHRA ORAON

JUDGEMENT

(1.) Heard Mr. Abhilash Kumar, learned counsel for the appellants and P.R. Rochan, learned counsel for the respondents.

(2.) This second appeal has been filed being aggrieved and dissatisfied with judgment dtd. 5/2/1998 and decree dtd. 12/2/1998 passed by the First Additional District Judge, Gumla in Title Appeal No. 66/93 allowing the appeal and setting aside the judgment dtd. 12/8/1993 and a decree dtd. 25/8/1993 passed by the learned Additional Munsif, Gumla in Title Suit no. 41 of 1991.

(3.) The Title Suit No. 41 of 1991 was instituted by the plaintiffs for declaration of their title over the suit land described in Schedule B of the plaint alongwith mesne profit and damaged amounting to Rs.1600.00 with interest. The Court decreed the suit in favour of the plaintiffs against defendant nos. 1 and 2. On contest the suit was decreed vide judgment dtd. 12/8/1993 and decree dtd. 25/8/1993 with cost and the plaintiffs were declared to have valid claim of title and possession over the suit land described in Schedule B of the plaint. Aggrieved with that the defendants filed Title Appeal No. 66 of 1993 which was decided on 5/2/1998 and the said appeal was allowed and the judgment of the learned trial court was reversed. Aggrieved with that the present second appeal has been preferred.