KESAR RAM AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) Present second appeal has been preferred by the appellants against the judgment and order dated 10.01.2003 passed by Additional District Judge/III Fast Track Court, District Udham Singh Nagar in civil appeal no.14/2002 whereby the first appellate court has allowed the appeal filed by the State and set aside the judgment and decree dated 19.09.2002 passed by the trial court.

(2.) In brief, facts of the case are that the plaintiffs (the appellants herein) filed a suit being Suit No.213 of 1996 for permanent prohibitory injunction against the defendants/respondents stating that they are in possession over the land in dispute since 1970. It was also stated that the plaintiffs belong to Scheduled Caste Community and are in continuous possession over the land since long time and the defendants have no right to dispossess the plaintiffs. The defendants contested the suit and filed their written statement denying the plaint averments. In the written statement, it was contended by the defendants that suit for injunction is not maintainable at the behest of the plaintiffs. On the pleadings of the parties, the trial court framed the following issues:

(3.) Thereafter, both the parties led their oral and documentary evidence. After hearing the learned counsel for parties and upon perusal of the evidence led by the parties, learned trial court decided all the issues in favour of the plaintiffs and vide judgment and decree dated 19.09.2002 allowed the suit. Being aggrieved by the said judgment and decree, civil appeal no.40 of 2002 State & anr. Vs. Kesar Ram and ors. was filed. The first appellate court, vide judgment and decree dated 10.01.2003, allowed the appeal and set aside the judgment and decree dated 19.09.2002. Hence, present second appeal has been filed by the plaintiffs/appellants.