SARJOO Vs. RADHEY SHYAM

JUDGEMENT

(1.) -The plaintiff filed a suit for a permanent injunction praying that the defendant be directed to remove the wall and other constructions raised during the pendency of the suit and also praying for the possession of the land. The plaintiff alleged that the disputed piece of land was being used by the plaintiff as a sehan for the last 60 years and that the defendants had no concern with the said land. It was alleged that in June, 1974, the defendant No. 1 constructed the wall and during the pendency of the suit he had illegally made some constructions on the said land.

(2.) THE defendant in his written statement contended that he was in possession of the disputed property for the last 100 years and had also purchased the same vide sale deed dated 20.1.1981. THE defendant alleged that the plaintiff was never in possession of the land in question.

(3.) THE plaintiff has now preferred the present second appeal before this Court. At the time of the admission of the appeal, the following substantial questions of law was formulated, namely :