ASHIT KUMAR BASAK Vs. JYOTSANA BASAK

JUDGEMENT

(1.) Heard Mr. Indrajit Sinha, learned counsel for the appellant and Mr. Praveen Akhauri, who appeared on behalf of the respondents.

(2.) This second appeal has been filed aggrieved and dissatisfied with the judgment and decree dtd. 17/4/2010 (decree signed on 27/4/2010) passed by the learned 1stAdditional District Judge, Singhbhum (East), Jamshedpur in Title Appeal No.8 of 2005 reversing the judgment and decree dtd. 14/2/2005 (decree signed on 28/2/2005) passed by the learned Subordinate Judge-V at Jamshedpur in Title Suit No. 12 of 1990.

(3.) Title Suit No.12 of 1990 was instituted for recovery of possession of the suit premises evicting the defendant from the property mentioned in the schedule of the plaint. The said suit was decreed in favour of the plaintiff vide judgment dtd. 14/2/2005 and the defendant was directed to vacate the disputed shop premises within 60 days from the order passed in Title Suit, failing which, the plaintiff may get recovery of possession of the suit shop premises through the process of the Court. Being aggrieved with the said judgment and decree, the defendant filed Title Appeal No.08 of 2005 and vide judgment dtd. 17/4/2010, learned 1stAdditional District and Sessions Judge, Jamshedpur, Singhbhum East has been pleased to reverse the finding in the suit. Aggrieved with the said judgment in the Title Appeal, the appellant has filed the present second appeal.