AMITAV K.GUPTA,J. - (1.) This second appeal has arisen out of the judgment and decree dated 27.03.1993 and 14.04.1993 respectively in Title Appeal No.23 of 1986 passed by the learned Vth Addl. District Judge, Dhanbad, whereby the judgment and decree of learned SubI, Dhanbad in Title Suit No.56/1983 has been affirmed.
(2.) The appellants herein are the legal heirs and the representatives of the original defendant No.l, namely, Rash Bihari Ghosh. The suit was instituted by the plaintiffs (respondents in this appeal) and for sake of convenience they shall be referred as appellants/defendants and respondents/plaintiffs.
(3.) The plaintiffs had instituted the suit for eviction of original defendant No.l, on the ground of default and had also prayed for payment, of arrears of monthly rent as well as arrears of municipal taxes. They sought a decree of permanent injunction for restraining the respondents from making any construction on the land described in Schedule A of the plaint and for assessment of damages for the wrongful occupation and payment of charges @ Rs.5/- per day from 01.06.1983 till the date of handing over the vacant possession by the defendants.;