ORDER

1. The plaintiff-respondent (hereinafter referred to as "the respondent") filed a suit for permanent injunction restraining the defendant-appellant (hereinafter referred to as "the appellant") from interfering with his possession in property bearing Site No. 44/6 in Jayachamarajendera Road, presently 38th Division, Bangalore City, measuring 90 x 110. The trial court dismissed the suit on the ground that the plaintiff had failed to prove his title as also the possession over the suit property. It was also found that the identity of the property was also in doubt.

2. Aggrieved by the aforesaid judgment of the trial court, the respondent filed a Regular First Appeal No. 116 of 1990 in the High Court. Without recording a finding that the respondent was in possession of the property as also the title to the property abruptly concluded that the title of the property is found to be in favour of the respondent. Finding as to the title has not been arrived at by the High Court on appreciation of evidence.

3. The first appeal has to be decided on facts as well as on law. In the first appeal parties have the right to be heard both on questions of law as also on facts and the first appel