VISHWA NATH Vs. KAPIL DEV

JUDGEMENT

(1.) This is Defendant's second appeal against the decree and judgment dated 9-2-1993 passed by Additional Civil Judge, Deoria in Civil Appeal No 212 of 1989 arising out of Original Suit No. 1361 of 1985 decided on 17-11-1989 by the Vth Additional Munsif Deoria.

(2.) The Plaintiff-Respondents have put in their appearance through Sri R.S. Misra and after hearing the Counsel for both sides, i.e., S/Sri Swaraj Prakash for the Appellant and Sri R.S. Misra for the Respondents, the appeal is being disposed of finally at the admission stage.

(3.) The Plaintiff-Respondents filed a suit for permanent injunction seeking to restrain the Defendant from making construction over the land in dispute and also sought the relief that any construction made, which is unauthorized, may be removed. The case of the Plaintiffs was that the property in dispute was purchased by them on 15th March, 1963 from one Ayodhya and after the, execution of the sale deed, the land in dispute, including the house was in occupation of the Plaintiffs. It is not necessary to give details of the other averments made in the plaint