ZARIF AHMAD Vs. FAROOQ

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 10.12.2008 passed by High Court of judicature at Allahabad whereby Second Appeal is allowed and the decree passed by Civil Judge (Junior Division), Havali, Saharanpur, in Suit No. 77 of 1999, is restored.

(2.) We have heard learned Counsel for the parties and perused the papers on record.

(3.) Brief facts of the case are that Plaintiff/Respondent instituted suit (OS No. 77 of 1999) seeking permanent injunction against his brother Defendant/Appellant No. 1 - Zarif Ahmad and nephew Zamir Ahmad (Defendant/Appellant No. 2) to restrain them from interfering in possession of the premises in his occupation. It is pleaded by the Plaintiff that the land shown at the foot of the plaint (Annexure P-1) with letters Ka, Kha, Ga, Gha, Cha, Chha, which bears Nagar Panchayat plot No. 358 is owned and possessed by him, and the adjoining land shown by letters Gha, Cha, Chha, and Jha bearing Nagar Panchayat plot No. 357 belongs to the Defendants. It is further pleaded that Plaintiff pays house tax of the property No. 358, and Defendants have no concern with it. The Defendants have constructed their house over the land shown by letters Gha, Cha, Chha, and Jha which is towards south of the Plaintiff's land. It is alleged in the plaint that the Defendants have threatened the Plaintiff that they would forcibly take possession of the premises held by him. Consequently, the suit is filed.