ABDUL REHMAN Vs. KHUDA BAX

JUDGEMENT

(1.) THIS is a defendant's appeal and has been directed against the judgment and decree dated 11.1.1996 passed by the Court of Addl. District Judge, Gurgaon, who accepted the appeal of the plaintiffs by setting aside the judgment and decree of the trial Court and decreed the suit of the plaintiffs for permanent injunction restraining the defendant (now appellant) from encroaching upon or raising any sort of construction on the suit land or from changing the nature of the suit property. The first Appellate Court set aside the judgment and decree dated 26.4.1995 vide which the suit of the plaintiffs was dismissed.

(2.) THE pleadings of the parties can be described in the following manner :

(3.) THE plaintiffs filed a re-joinder to the written statement in which they reiterated their allegations made in the plaint by denying those of the written statement and from the pleadings of the parties the following issues were framed :-