Narbdeshwar Pandey, J.

1. This is an appeal under Clause 10 of the Letters Patent of the Patna High Court on behalf of the defendants against the judgment and decree dated October 7, 1991 in first appeal No. 118 of 1981 (R), whereby and whereunder, the judgment of the learned Additional Subordinate Judge, GIRIDIH, in Title Suit No. 20/1 of 1976/79 was set aside.

2. Briefly stated that facts of the case is that late Krishna Bihari Jaiswal (plaintift) was employed as Mechanic Grade-I under the N.C.D.C. Ltd. and allotted a quarter bearing No. 112. A case was lodged against his brother, Sadhu Sharan Jaiswal in the year, 1962 and he was dismissed from service. The said case was lodged on the allegation that the aforesaid Sadhu Sharan Jaiswal had committed a criminal trespass in the aforesaid Quarter No. 112, which was in possession of the plaintiff on allotment. According to the plaintiff, the suit against Sadhu Sharan Jaiswal was absolutely on a false ground, since Quarter No. 112 was already allotted to the plaintiff. The further case is that during pendency of the suit for eviction with respect to House No. 112 against Sadhu Sharan Jaiswal, another house No. 18/1 was arbitrar