CHHEDDOO Vs. GUR DEEN AND ANOTHER

JUDGEMENT

(1.) This is the defendants second appeal assailing the judgment and decree passed by the Court of Additional District Judge, Court No.8, Sitapur passed in Regular Civil Appeal No.60 of 1996 dated 12.02.2002 whereby it dismissed the appeal and confirmed the judgment and decree dated 27.02.1996 passed in Regular Suit No.518 of 1990 whereby the suit of the plaintiffs respondent for permanent injunction was decreed.

(2.) This Court on 08.03.2002 admitted the above second appeal on substantial questions of law formulated at serial nos.1, 2 and 3 in the memo of second appeal. For ready reference, the same is reproduced hereinafter:-

(3.) In order to appreciate the controversy certain relevant facts leading to the said second appeal is being mentioned hereinafter. One Sri Kandile and Grudeen as plaintiffs instituted a regular suit bearing R.S.No.518 of 1990 before the Court of Civil Judge (Junior Division), Sitapur seeking a decree for permanent injunction. It was pleaded that the plaintiffs were the owner of the property situate on Abadi Gata No.508 measuring 0.5 decimal situate in gram Tarsava, Pargana Kaurana, Tahsil Mishrikh, District Sitapur. It was also pleaded that the aforesaid land was given by the Gaon Sabha to the plaintiffs on a lease dated 24.11.1981 and since then the plaintiffs had put a Chapper and raised construction and have been residing therein peacefully to the exclusion of all others. The plaint also contained the boundaries of the property in dispute. It was stated that the defendants were illegally trying to interfere in the peaceful possession of the plaintiffs and also attempting to dispossess them without due process of law, hence, in order to prevent such illegal acts, the suit for injunction was filed.