MAKARDHWAJA KALTA Vs. TIRTHA KARNA

JUDGEMENT

(1.) This 2nd Appeal has been preferred against the reversing Judgment.

(2.) The appellants of this 2nd Appeal were the plaintiffs before the trial court in the suit vide T.S. No.6 of 1997 and they were the respondents before the 1st Appellate Court in the 1st Appeal vide T.A. No.14 of 1999. The respondents of this 2nd Appeal were the defendants before the trial court in the suit vide T.S. No.6 of 1997 and they were the appellants before the 1st Appellate Court in the 1st Appeal vide T.A. No.14 of 1999. The suit of the plaintiffs (those are the appellants in this 2nd Appeal) before the trial court vide T.S. No.6 of 1997 was a suit for declaration and recovery of possession.

(3.) The case of the plaintiffs before the trial court in the suit vide T.S. No.6 of 1997 against the defendants was that, suit Plot No.565 under Khata No.164 measuring an area of Ac.0.115 decimals in village Baladi were originally belonged to their father Nadi Kalta. After the death of their father Nadi Kalta, the suit properties devolved upon them (plaintiffs). Accordingly, the plaintiffs inherited the suit properties. The suit plot No.565 adjoins to plot Nos.563,562 and 564. All the properties i.e. suit plot No.565 along with the undisputed plot No.563,562 and 564 are their ancestral properties. About 10 years back, the defendants possessed a portion of Plot No.563 of the plaintiffs on their permission. When, the plaintiffs requested the defendants to vacate that portion of plot No.563, they (defendants) did not vacate, then the plaintiffs filed a suit vide T.S. No.53/1992 against the defendants praying for their eviction from that occupied portion of plot No.563. The said suit vide T.S. No.53/1992 was decreed on dtd. 8/7/1994 in favour of the plaintiffs for eviction of the defendants from Plot No.563.