DOODHNATH Vs. DEONANDAN REPRESENTED

JUDGEMENT

(1.) PRESENT second appeal has been preferred assailing the judgment and decree dated 15.4.1977, passed by lower appellate court whereby Civil Appeal No. 92 of 1976 was allowed and judgment and decree dated 25.3,1976, passed by trial court was reversed.

(2.) PLAINTIFFS instituted Suit No. 62 of 1971 with the impetratory relief of permanent injunction restraining defendants from interfering with their possession over the land marked by letters Cha, Chha, Ja and Jha in the plaint map and also for closing northern door enumerated therein attended with further relief to restrain them to have ingress and egress through sahan shown by letters Ba, Ya, Ra, and Sa on the ground that the land in suit was their own property which descended to them from their ancestors and further that the defendants had no right to interfere with the possession of plaintiffs. Defendants on the other hand repudiated plaint allegations in the written statement alleging that both the parties descend from common ancestors and that plaintiffs' case as contained in the plaint is wholly wrong. It was further averred by the defendants that they were owners of part of the land as indicated in the written statement and lastly it was claimed that the suit is liable to be dismissed.

(3.) HEARD Sri D.P. Singh, appearing for the appellants. There is no appearance for the respondents notwithstanding the fact that case was called out in revised list.