LAWS(ALL)-2018-7-146

MURTI SHIVJI MAHARAJ BIRAJMAN ASTHAL MOHALLA & OTHERS Vs. MATHURA DAS CHELA NAVAL DAS BAIRAGI & OTHERS

Decided On July 30, 2018
Murti Shivji Maharaj Birajman Asthal Mohalla And Others Appellant
V/S
Mathura Das Chela Naval Das Bairagi And Others Respondents

JUDGEMENT

(1.) Heard Sri Virendra Kumar, learned counsel for the appellant and Sri Anuj Agarwal holding brief of Sri Pankaj Agarwal, learned counsel for the respondents.

(2.) This is plaintiffs' second appeal against the judgement and decree dated 31.3.1998 passed by Shri V.K. Jain, IInd Additional District Judge, Saharanpur in First Appeal No. 225 of 1978 (Umesh Das and others Vs. Murti Shivji Maharaj and others) decreeing the original Suit No. 5 of 1972 which was partly decreed by judgement and decree dated 7.4.1998 by Shri Gangu Ram, Civil Judge, Saharanpur.

(3.) Plaintiffs instituted the suit for declaration that plaintiff Nos. 1 and 2 are owners of the property mentioned in Schedule 'Aa', 'Ba' and 'Ja' detailed at the foot of the plaint and defendants have no right to transfer the property in anyway. Alternative prayer for possession of disputed property of Schedule 'Ja' to the plaintiff Nos. 1 and 2 through the plaintiff nos. 3 to 6. was made. Finally prayer for injunction restraining the respondent No.1 from transferring the property of Schedule 'Aa' and 'Ba'of plaintiff No.1 and 2 or any part thereof to the defendant no.6 or any other person in anyway was prayed.