BACHH RAJ Vs. KANDHAI & OTHERS

JUDGEMENT

(1.) HEARD learned counsel for the parties. This second appeal has been filed against the judgment and decree dated 15.12.1977 passed by III Addl. District Judge, Gonda.

(2.) A suit for permanent injunction and possession was filed by the plaintiffs -respondents, which was dismissed by the Addl. Munsif IV, Gonda vide judgment and decree dated 3.5.1976 holding that the plaintiffs -respondents have no direct connection with the land in dispute and they are not using the same as 'Kolhar' whereas the land in dispute is 'Sahan Darwaza' of defendant no.2 -appellant and he is the owner of the same on the basis of sale deed dated 16.6.1973. The trial court also held that the plaintiffs -respondents have neither established the title nor possession. Against the aforesaid order, plaintiffs -respondents preferred an appeal before the III Addl. District Judge, Gonda, who allowed the appeal vide judgement and decree dated 15.12.1977 holding that the plaintiffs -respondents is entitled to the relief of injunction and possession and the deed got executed by defendant no.2 -appellant is only to grab the property in dispute. While allowing the appeal of the plaintiffs -respondents, the lower appellate court has observed as under: -