LAWS(JHAR)-2025-2-73

BANKE BIHARI SINGH Vs. PYARELAL KHATIK

Decided On February 27, 2025
Banke Bihari Singh Appellant
V/S
Pyarelal Khatik Respondents

JUDGEMENT

(1.) Heard Mr. Yogesh Modi, learned counsel appearing for the sole appellant.

(2.) This second appeal has been filed being aggrieved and dissatisfied with the Judgment dtd. 31/7/2024 and the Decree signed on 12/8/2024, passed by the learned District Judge-III, Dhanbad, in Civil Appeal No. 12 of 2023, whereby the learned appellate court has been pleased to dismiss the appeal and upheld the Judgment dtd. 30/11/2022 and the decree signed on 5/12/2022, passed by the learned Additional Civil Judge (Jr. Div.) Dhanbad, in Original Suit No. 503 of 2020.

(3.) Original Suit No. 503 of 2020 was instituted by the appellant-plaintiff for declaration that the defendants are in possession over the schedule premises under the status of gratuitous licensees and in permissive possession granted by the plaintiff and for the recovery of possession by ejecting the defendant from the schedule premises and handing over the vacant possession to the plaintiff and also for a permanent injunction restraining the defendants from interfering with free enjoyment of suit property by the plaintiff and from interfering with plaintiff possession over the suit premises and also restraining them from doing acts which is prejudicial to the interest of the plaintiff.