BALAKDAS AND OTHERS Vs. RAGHUVIR DAYAL AND ANOTHER

JUDGEMENT

(1.) The present appeal has been instituted by the plaintiffs/appellants. The essential facts for adjudication of the appeal are as under:-

(2.) The defendants contested the above suit and alleged that all the plaintiffs are inter se associates and bear animosity against defendants. The defendants had purchased the disputed land on 2-8-63 at auction sale held by Custodian Officer, Jhansi. It bears No. 159, one of the plaintiffs wanted to purchase the land, however, as the bid of the defendants was highest, the defendant got the land in auction, on account of this the plaintiffs in order to take revenge have filed this suit. The defendants also alleged that the permission to build has been accorded in favour of defendants on 14-6-71 by the Nagar Palika, the plaintiffs forcibly demolished the southern wall standing over disputed land in Dec., 1972, a report regarding which was launched by defendants on 5/6 Dec., 1972.

(3.) Upon the pleadings of the parties, the trial Court framed issues. Out of those issues, only following issues are relevant for adjudication of this appeal. Issue No. 1. Whether the place shown by ABCDE in the map annexed to the plaint is a pathway ? Issue No. 2. Whether the defendants are owners of the disputed land and in possession thereof