(1.) IT is the case of the plaintiff that he is in lawful possession of the suit schedule property having inherited the same from his father. That the katha of the property stands in his name. He is paying the land revenue to the Government. That the defendant being a stranger to the suit schedule property is attempting to interfere with his peaceful possession and enjoyment of the same. A complaint to the police has been filed against the defendants. Even then he continued to interfere with his possession. Hence he filed the present suit seeking for a decree of permanent injunction to restrain the defendants from interfering with his peaceful possession and enjoyment of the same. On service of notice, the defendants entered appearance. He contended that he is the owner in possession of the suit schedule property having purchased the same in terms of the registered sale deed dated 25 -4 -1987 vide Ex.D -8 from his vendor. His vendor had inturn purchased the said property from the father of the plaintiff on 9 -7 -1984 in terms of Ex.D -10. Therefore it is contended that when the plaintiff has failed to establish his ownership over the suit schedule property a bare suit for injunction would not lie. The plea of the defendant is that he is the owner in possession of the same. Based on the pleadings the trial Court framed the following issues:
(2.) IN support of his case the plaintiff examined two witnesses and marked 14 documents. Three witnesses were examined on behalf of the defendant and marked 19 documents. Issues 1 to 3 were held in the negative. The suit was dismissed. Aggrieved by the same, the plaintiff preferred an appeal. The appellate Court allowed the appeal and set aside the Judgment and decree of the trial Court. The suit of the plaintiff was decreed. The defendant was restrained from interfering with the peaceful possession and enjoyment of the suit schedule property of the plaintiff. Hence, the present second appeal by the defendant.
(3.) BY the order dated 19 -9 -2013 this appeal was admitted to consider the following substantial questions of law: -