KASHI RAM Vs. GAON SABHA

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and decree dated 12.2.2004 which has endorsed the finding of the trial judge dated 7.2.2000 whereby the suit filed by the Plaintiff, Sh. Kashi Ram seeking permanent injunction against the Defendant i.e. Gaon Sabha, Nasipur, had been dismissed.

(2.) The case of the Plaintiff is that they are co-owners in possession of 4 Bhighas 14 Biswas land in Khasra No. 365,8 bighas 11 Biswas in Khasra No. 66 of the Village Nasirpur, Palam since 1948-49. In 1975, the Pradhan of the village tried to dispossess the Plaintiff. A suit was filed wherein a decree was passed in favour of the Plaintiff in terms of which it was held that after 1954, Plaintiffs were in possession of the affronted property. It is contented that the Defendants are threatening to interfere with the peaceful possession of the Plaintiff. Present suit for permanent injunction was filed.

(3.) In the written statement, defence was that the Defendants are the owners and in possession of the suit land.