ABDUL GHAFFAR Vs. BHAGWAN DASS

JUDGEMENT

(1.) N. L. Ganguly, J. The second appeal is directed against the judgment and decree dated 25-7-1975 passed by the Civil Judge, Saharanpur dismissing the plaintiffs appeal against the judgment and decree of the trial Court dated 28-10-1970.

(2.) THE plaintiff-appellants had filed a suit for declaration that they are the owners of the property in suit and are in possession thereof. THE trial court was pleased to decree the suit declaring the plaintiff- appellants to be the owner of the property in suit but the declaration regarding possession of the plaintiffs was refused. It was observed in appeal that the plaintiffs may recover possession under Section 6 (4) of the Specific Relief Act. Thus both the judgments of the courts bellows are subject to consideration in the second appeal.

(3.) THE respondent Bhagwan Dass filed original suit No. 245 of I960 under Section 6 of the Specific Relief Act for possession over the suit property alleging that the plaintiffs had forcibly entered into the same and dispossessed Bhagwan Dass in May, 1966. THE suit of Bhagwan Dass under Section 6 of the Specific Relief Act was decreed. THE plaintiffs being threatened of dispossession due to the decree of Bhagwan Dass in suit under Section 6 of the Specific Relief Act filed the present suit for declaration that the plaintiffs are in possession and owner of the premises in suit and subsequently at the appellate stage they also added the relief of permanent injunction restraining the defendant from taking over possession by dispossessing the plaintiffs from the premises in question.