HARI PRASAD Vs. JANAK LAL AGE 75 YEARS

JUDGEMENT

(1.) This defendant's second appeal under Section 100 of the CPC was admitted for hearing by formulating the following substantial question of law: -

(2.) The plaintiffs firstly filed a suit for permanent injunction and thereafter by amendment also prayed for declaration of title stating inter-alia that they are title-holders of the suit land shown in the map annexed with the plaint and they are staying in the suit accommodation for a fairly long time and deposited tax to the Municipal Council, Pendra. The defendant is trying to interfere with their possession on the basis of decree dated 24.7.80 passed in his favour with respect to Khasra Nos.2150 and 1832, as such, they are entitled for declaration of title and permanent injunction.

(3.) The defendant set up a plea that the suit land on which the house is constructed is his own land, but thereafter on 8.9.99 amended his written statement stating inter-alia that the suit land on which the plaintiffs are alleged to have constructed their house is adjoining to his land bearing Khasra No.2150 area 1.07 decimal and he got a decree vide Ex.D-2 and as such, the plaintiffs have no title over the suit land.