JUDGMENT :

1. In order to appreciate the controversy involved in the instant second appeal, the Court will have to travel back in time to trace the genesis of the dispute. The record indicates that Sri Badri Prasad as plaintiff had instituted a suit against Sri Ram Kishor seeking joint possession of the property in question situated in Village Parishar Khas, Tehsil and District Unnao. The said suit seeking joint possession was instituted in the Court of Munsif, North, Unnao registered as Regular Suit No. 7 of 1966. The said suit was decreed by the Court of Munsif, North, Unnao for joint possession over the plots as mentioned in para 1 of the plaint by means of judgment and decree dated 23.05.1968.

2. Sri Ram Kishore, the defendant of Regular Suit No. 7 of 1966 being aggrieved from the judgment and decree dated 23.05.1968 preferred a Regular Civil Appeal under Section 96 C.P.C. which was registered as Regular Civil Appeal No. 75 of 1968. The said appeal was dismissed by the Lower Appellate Court by means of a judgment dated 13.10.1969. Thereafter Sri Ram Kishore escalated the matter and filed a Second Appeal under Section 100 C.P.C. before this Court registered as Second Appeal No. 35