BALRAM MANDAL Vs. CHINU SK

JUDGEMENT

(1.) Heard Mr. Rajiva Sharma, learned senior counsel for the appellants and Aishwarya Prakash, learned counsel for the respondent.

(2.) This second appeal has been filed being aggrieved and dissatisfied with judgment dtd. 28/3/2009 and decree dtd. 4/4/2009 passed by the learned Additional District Judge-I, Sahibganj in Title Appeal No. 26 of 2006 setting aside the judgement dtd. 22/11/2006 and decree dtd. 28/11/2006 passed by learned Sub- Judge-III, Rajmahal in Title Suit No. 50 of 1994 whereby the learned trial court dismissed the suit with costs.

(3.) The respondent/plaintiff has instituted suit for declaration of right, title and for confirmation of possession over the suit land mentioned in schedule of the plaint. Plaintiff has further sought a relief for permanent injunction to restrain the defendants from dispossessing him from the suit land and the learned trial court on contest after hearing the parties has dismissed the suit vide judgement dtd. 22/11/2006. Aggrieved with that the respondent/plaintiff filed Title Appeal No. 26 of 2006 and vide judgment dtd. 28/3/2009 the learned appellate court has been pleased to allow the appeal. Aggrieved with that the appellant has filed present second appeal.