- (1.) This first appeal is directed against the judgement and decree passed by the learned Judge, 3rd Bench, City Civil Court being Title Suit No.2339 of 1982 dated 20th December, 2006 whereunder and whereby learned trial Judge has been pleased to dismiss the suit holding inter-alia that the suit is barred by law of limitation, that the plaintiff has not paid proper Court fees in respect of his claim to the property described in the schedule of the plaint, that the schedule given in the plaint is vague and indefinite and that plaintiff is not entitled to get any relief in terms of his claim in view of execution of a registered deed of lease by the defendant no. 1 in favour of defendant no.2.
(2.) Being aggrieved by and dissatisfied with the judgment and decree passed by learned trial Judge, the plaintiff has filed this first appeal on amongst other grounds that learned trial Judge could not appreciate the case of the plaintiff in it's proper perspective and that learned trial Judge has failed to apply the correct principle of law in the given facts and circumstances of this case and that learned trial Judge has failed to consider that the defendant no.1 being privy to the contract has not examined himself and thereby defendant no.2 has had no authority to challenge the agreement for lease executed by and between the plaintiff and defendant no.1
(3.) The further case of the plaintiff is that the alleged deed of lease executed by defendant no.1 in favour of defendant no.2 is hit by the principle of concurrent lease and therefore learned trial Judge ought to have decreed the suit in favour of the plaintiff.;