RAM ASREY AND ANOTHER Vs. SMT. SUKH DEVI

JUDGEMENT

(1.) Heard Counsel for the appellant and perused the record. The plaintiff-respondent instituted Original Suit No. 117 of 2002, in the Court of Civil Judge (J.D.), Kannauj, seeking permanent injunction restraining the defendant-appellants from interfering with her possession and raising any construction over Arazi Khasra No. 379, area 0.243 hectare, situated in Mauza Tusawari, Pergana and Tehsil Tirwa, district Kannauj.

(2.) The suit was contested by the defendant-appellants. In their written statement, they denied the plaint allegations stating that they have no concern with Arazi Khasra No. 379 aforesaid which belongs to the plaintiff-respondent and that they have purchased a tubewell alongwith Kothari, boring, well, naali and hauz situated towards southern eastern corner of the land in dispute. Case of the defendant-appellants was that aforesaid tubewell was purchased by the appellant No. 1 alongwith his brother Daya Ram from the real owners Shiv Dayal, Harish Chandra sons of Prasad and Bhikhari Lal son of Durga Prasad for a sale consideration of Rs. 10000/- on 1.8.1998 and since that date, they are in actual and physical possession over the same. It was prayed that since the defendant-appellants admittedly have no concern with the land in dispute, hence the suit is liable to be dismissed.

(3.) Spot inspection was made by the Amin who submitted his report dated 20.3.2002. The Trial Court decreed the suit in favour of the plaintiff-respondent as against the defendant-appellants, vide judgment and decree dated 5.4.2008.