JUDGMENT

Debabrata Dash, J.

This second appeal under section 100 of the Code of Civil Procedure had been filed against the judgment and decree passed by the learned Second Addl. District Judge, Berhampur in R.F.A. No. 21 of 2013 reversing the judgment and decree passed by learned Civil Judge (Jr. Division), Berhampur in Civil Suit No. 56 of 2009.

The trial Court had decreed the suit by confirming the possession of the suit house by the appellant-plaintiffs as tenants and restraining the respondent-defendants from interfering or disturbing the peaceful enjoyment or the plaintiffs with respect of the same, without taking recourse to law in duly evicting the appellant-plaintiffs from the suit house.

The respondent No. 2-defendant being aggrieved by the said judgment and decree had carried the First Appeal; wherein the judgment and decree passed by the trial Court have been set aside, resulting dismissal of the suit filed by the appellant as the plaintiffs.

2. For the sake of convenience in order to bring in clarity and avoid confusion, the parties hereinafter have been referred to as they have been arraigned in the trial Court.

3. The suit of the plaintiffs is with the prayer for passing a