IRSHAD ALI Vs. VIRESH AGARWAL

JUDGEMENT

(1.) HEARD Sri M. A. Qadeer, learned Senior Advocate, assisted by Sri Mohd. Waris, Counsel for the appellants and Sri K. Ajit, learned Counsel for the caveator/respondents.

(2.) THESE two appeals arise from the judgment and decree dated 24. 3. 2006 passed by the Additional District Judge, Court No. 1, Rampur, in Civil Appeal No. 10 of 1992 arising out of original suit No. 114 of 1982 and civil appeal No. 149 of 1991 arising out of original suit No. 60 of 1980 allowing civil appeal No. 10 of 1992.

(3.) FACTS giving rise to the dispute are that Radhey Raman Agarwal, predecessor in interest of the respondent Viresh Agarwal and others instituted an original suit No. 114 of 1982 in the Court of Civil Judge, Rampur, which stood transferred to the Court of Additional Civil Judge, Rampur, claiming relief for declaration that the plaintiff is the sole owner of the land in dispute, which was depicted at the foot of the plaint and also relief of permanent injunction restraining the defendants not to interfere in the peaceful possession of the plaintiff over the land. Relief for a decree of mandatory injunction for removal of Khokha erected by the defendants was also claimed.