KEHRI SINGH Vs. MANGAL SINGH

JUDGEMENT

(1.) Heard Sri Vinay Kumar Singh learned Counsel for appellant on the admission of second appeal. This second appeal has been preferred by plaintiff challenging the judgment and decree of the Courts below, whereby suit for permanent prohibitory injunction has been dismissed.

(2.) For the sake of convenience, parries shall be referred as they were described in Trial Court, i.e., as plaintiff/defendant, unless specified otherwise.

(3.) Kehri Singh, the plaintiff instituted the suit on the allegation that he is the owner in possession of plot No. 229 (65 square metres) (property in dispute) situate at mauza Satta Kothi, Qasba Etmadpur, Agra and that the defendants without any title or possession are interfering in peaceful possession. It was further alleged that the said property was let out to one Naikse Ram son of Jauhari and that after his death, possession of said property was handed over to plaintiff. It was further alleged that defendants No. 3 and 4 executed a forged sale-deed of property in dispute in favour of defendants No. 1 and 2. As defendants threatened peaceful possession of plaintiff, hence the Suit.