RAMU SERVAI Vs. MANDHACHI

JUDGEMENT

(1.) The unsuccessful plaintiff before the Courts below in a suit for permanent injunction is the first appellant herein. Since the first appellant died, his legal representatives were added as appellants 2 and 3.

(2.) The plaintiff filed the suit, seeking permanent injunction to restrain the defendant from interfering with the plaintiff's peaceful possession and enjoyment of the plaint Schedule mentioned trees, situated on the northern ridge of Survey Nos.362/2, 362/12 and 362/3, alleging that the punja lands in Survey Nos.362/2 and 362/12 belonged to the plaintiff, while the lands in Survey No.362/11 belonged to his wife Meenal; that they have been in enjoyment of the property in the past for a long time; that on the four ridges of those lands, there are lot of trees; that they have been enjoying the same also; that on the northern ridge of Survey Nos.362/2, 362/11 and 362/12, the defendant has purchased the field in Survey No.362/13 and has been enjoying the same all along; that neither the defendant nor his predecessor-intitle has got any right over the same; that while so, the defendant was attempting to cut the trees, and hence, the plaintiff was compelled to file the suit.

(3.) The suit was resisted by the defendant, stating that the plaint Schedule mentioned trees belonged to the defendant by way of purchase; that actually they did not belong to the plaintiff; that the defendant purchased the land in Survey No.362/13 from his predecessor-intitle on 9.5.66 under a registered sale deed; that subsequently, he planted the trees and brought them up, and thus, there is no question of plaintiff claiming any title over the same, and hence, the suit was to be dismissed.