KALU AND ORS Vs. AYUB AND ORS

JUDGEMENT

(1.) The facts, that need a necessary mention, for disposal of present appeal and emanating from the record, are that Ayub, Yakub and Jafruddin sons of Rehman Khan respondent-plaintiffs (hereinafter to be referred as "the plaintiffs") filed the present suit for a decree of mandatory injunction against Kalu and others appellant-defendants (hereinafter to be referred as "the defendants") to hand over the possession of the encroached land, with a consequential relief of permanent injunction restraining them from further encroaching their remaining land, inter-alia, pleading that they (plaintiffs) are owners and in possession of the land in dispute bearing Khasra No. 135 measuring 1 Kanal 0 Marla. The defendants have no right, title or interest in the suit land, but on the strength of their physical, force and political influence, they have encroached upon some area measuring 200 square yards out of it, illegally six months ago without any basis and constructed two thatched roofs (Chhappars) over the same.

(2.) Concisely, according to the plaintiffs, they are owners and in possession of the disputed land, but the defendants have illegally encroached upon 200 square yards out of it and bent upon to encroach upon its remaining portion without any legal right. On the basis of aforesaid allegations, the plaintiffs filed the suit for a decree of mandatory and permanent injunction against the defendants, in the manner indicated here-in-above.

(3.) The defendants contested the suit and filed the written statements, inter-alia, pleading certain preliminary objections of, maintainability of suit, estoppel, cause of action of the plaintiffs and jurisdiction etc. On merits, the defendants claimed that they are in possession of the disputed land for the last more than 40 years. They have raised construction over it 20 years ago within the knowledge and notice of the plaintiffs. The defendants have denied the ownership and possession of plaintiffs over the suit land. It will not be out of place to mention here that the defendants have stoutly denied all other allegations contained in the plaint and prayed for dismissal of the suit.