AJAI PAL SINGH Vs. SHITLA BUX SINGH

JUDGEMENT

(1.) This is second appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 5.4.1983, passed by the IVth Additional District Judge, Unnao in Civil Appeal No. 160 of 1982, arising out in Regular Suit No. 15 of 1982, decided by the Munsif Purwa, Unnao, by judgment and decree dated 30.8.1982.

(2.) I have heard Shri U.S. Sahai, holding brief of Shri H.S. Sahai, the learned counsel for the appellants and Shri P. K. Trivedi, the learned counsel for the respondents on the substantial questions of law formulated in the memo of the appeal.

(3.) It appears that the plaintiff-appellants filed a suit for permanent injunction on the ground that the parties of the suit belonged to one family and their houses were adjacent to each other. It is alleged that the old wall of the defendant's house towards east had fallen down in the rain which was being reconstructed by the defendants but the defendants were trying to open the door towards east in the said wall and were threatening to interfere in the plaintiffs' sahan without any right. The plaintiffs' sahan is being used for keeping their cattle, bullock-cart, wood and cow-dung cakes etc. and because defendants were trying to open the door to interfere in the possession of the plaintiffs, the suit for injunction was filed.