RAM BHAJAN Vs. V ABDUL RAHMAN

JUDGEMENT

(1.) This second appeal under Section 100 Code of Civil Procedure is directed against the judgment and decree dated 22-5-1975 passed by the IInd Addl. District Judge, Fatehpur, in Civil Appeal No. 61 of 1974 whereby the learned first appellate Court had reversed the judgment and decree dated 20-4-1974 recorded in Original Suit No. 493 of 1970 passed by the Additional Munsiff, Fatehpur. The aggrieved plaintiffs have preferred this appeal.

(2.) The suit of the plaintiffs was filed for a property which was a dilapidated house described as a bagar. There was no dispute concerning the identity of the land. The plaintiffs claimed the same as owners in possession and made a prayer for a perpetual injunction against the defendants for restraining them from interfering with the possession of the plaintiffs. As an alternative measure, the plaintiffs claimed relief of possession in case they were found to be out of possession.

(3.) The defendants, on the other hand, claimed that it was their bagar lying contagious to their house and the plaintiffs had never been in possession thereof. The defendants claimed possession by way of storage of agricultural implements, storage of the materials for tajia taken out every year for the Moharram as also by tethering cattle etc.