JUDGMENT :

1. The appellant/defendant No.1 has filed the Second Appeal under Section 100 of the Code of Civil Procedure, 1908 being aggrieved by the judgment and decree dated 31-01-2009 passed by learned Additional District Judge Sarangarh, District Raigarh in Civil Appeal No. 18-A/2006 affirming the judgment and decree dated 2-12-2003 passed by the F Civil Judge, Class-2, Sarangarh, District Raigarh, in Civil Suit No. 24-A/2002.

2. This appeal was admitted on 9-10-2015 by this court on the following substantial question of law.

“Whether the findings of the First Appellate Court that the judgment and decree passed in Civil Suit No,. 8A/87 dated 26-10-1993 is not binding to the plaintiffs is perverse?”.

Thereafter, on 20-2-2020 following additional substantial question of law is framed by this court.

“Whether the First Appellate Court was justified in holding that the plaintiffs are in possession of the suit land and their suit is maintainable and not hit by proviso to Section 34 of the Specific Relief Act, 1963 by reversing finding of the trial Court?”.

3. The brief facts as reflected from the records are that the plaintiffs filed a civil suit before Civil Judge, Class II, Raigarh for de