U.C. Dhyani, J.(Oral)

Present second appeal has been preferred by defendant no. 1-appellant being aggrieved against judgment and decree dated 01.09.2006, whereby the appeal preferred by plaintiff-respondent no. 1 was allowed and the judgment and decree dated 13.02.2003, passed by learned Civil Judge (Sr. Div.)/trial court was set aside. Plaintiff’s suit for permanent prohibitory injunction was decreed. The defendants were directed to restrain themselves from interfering into the possession of the suit property. Aggrieved against the same, defendant no. 1 has preferred the present second appeal.

2. A perusal of the trial court judgment will indicate that suit of the plaintiff (respondent no. 1 herein) was dismissed. It is not necessary to indicate herein the pleadings of the parties, inasmuch as the same will be discussed in due course at an appropriate place in the body of this judgment. Suffice will it be to say at this stage that on the basis of rival pleadings the following issues were framed by the trial court:

(i) Whether the plaintiff is owner in possession of the disputed property?

(ii) Whether the suit is undervalued and court fee paid is insufficient?

(iii)