VIMLA BAI Vs. KAMTA PRASAD SHIRWAS

JUDGEMENT

(1.) THIS second civil appeal under Section 100 of the Code of Civil Procedure has been preferred by the Appellants/Defendants against the concurrent finding of the learned Courts below and by which the suit for declaration possession and injunction of Respondents No 1 and 2/Plaintiffs has been decreed. (Parties hereinafter shall be referred to as per their description in the trial Court.)

(2.) THE suit instituted by the Plaintiffs for declaration that Plaintiffs No. 1, 2 and Defendant No. 1 each have 5/16th interest whereas Defendant No. 2 has 1/16th interest over the suit property and Defendant No. 1 alone can not alienate the suit property and for permanent injunction restraining Defendant No. 1 from alienating the suit property to anyone and in the alternative if Defendants No. 3, 4 and 4-A are found in possession of the suit property, the Plaintiffs be granted the decree of possession and if Defendants No. 3, 4 and 4-A have raised any construction, the same be removed at their own expenses an Plaintiffs be put in possession of the suit plot.

(3.) THE learned trial Court decreed the suit declaring that the Plaintiffs and Defendant No. 1 each have 5/16th interest and Defendant No. 2 has 1/16th interest over the suit property and Defendant No. 1 has been restrained from alienating the suit property and Defendants No. 3, 4 and 4-A have been directed to remove their construction at their own expenses within two months and put the Plaintiffs in possession of the suit plot.