SANT KUMAR THAKUR Vs. P. ANTHONY

JUDGEMENT

(1.) This second appeal preferred under Section 100 of the CPC by the appellants herein/plaintiffs was admitted for hearing on 18- 10-2013 by formulating the following substantial question of law:-

(2.) The plaintiffs/appellants herein instituted a suit for permanent injunction simpliciter in respect of the lane adjacent to the plot bearing Survey No.893/2, area 0.21 acre held by him. The defendant purchased land and house bearing Survey No.893/4, area 7 decimal, from the mother of the plaintiff. Both the lands held by the plaintiffs and the defendant are adjacent. It is the case of the plaintiffs that they had left a lane for use within the area of Survey No.893/2 and were using the same as usual, but in the year 2002, the defendant started creating disturbance and attempted to take the said lane in his possession unlawfully which led to filing of suit for permanent injunction. Thereafter, during the pendency of suit, the plaintiffs also amended the suit seeking the relief of possession from the defendant by way of mandatory injunction. The defendant by filing written statement controverted the averments made in the plaint stating that he has not encroached the land held by the plaintiffs and is in possession of land held by him.

(3.) The trial Court after appreciation of oral and documentary evidence available on record decreed the suit and granted decree for permanent injunction in favour of the plaintiffs and on appeal preferred by the defendant, the first appellate Court reversed the judgment and decree of the trial Court and dismissed the suit of the plaintiffs against which the plaintiffs have preferred this second appeal under Section 100 of the CPC in which substantial question of law has been formulated which has been set-out in the opening paragraph of this judgment for the sake of completeness.