LAKHRAJ AND OTHERS Vs. CHANDAR AND OTHERS

JUDGEMENT

(1.) In original suit no 244/1982 (Chandar & others v. Lakhraj & others), the case of plaintiffs was that they are owner in possession of disputed abadi land detailed at the foot of plaint, but defendants are unauthorizedly trying to interfere in their possession, therefore, they have filed suit for permanent injunction and for relief of restraining the defendants from interfering in their possession of disputed land. In alternative, plaintiffs had sought relief that if it appears that any possession of defendant is found over disputed hut then possession of same be delivered to plaintiffs.

(2.) The defendants had filed written statement denying the plaint averment and pleaded that plaintiffs are neither owner nor in possession of disputed property. The disputed property was ancestral and it had come in share of defendants after partition. The defendant no.-1 and his family in use of occupation of disputed land. Plaintiffs have been watching the possession of defendants over disputed property, but they have not opposed it, and not objected the defendants, therefore, their suit is barred by principle of estopple and acquiescence, and is liable to be dismissed.

(3.) After affording opportunity of hearing to the parties, the Court of Munsif, Ghazipur has passed the judgment dated 3.2.21984 by which plaintiffs' suit was decreed and defendants were restrained from interfering in possession of plaintiffs over disputed land.