ANTA AND ANOTHER Vs. PALA AND OTHERS

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree dated 29.10.2009, passed by the learned Courts below, vide which the suit filed by the plaintiff/appellants, for declaration and permanent injunction, restraining the defendant/respondents from interfering in their possession, has been partly decreed, by granting the relief of injunction, while declining that of declaration. The plaintiff/appellants filed a suit on the pleadings, that they were owner in possession of the property in dispute on the basis of oral sale deed for consideration of Rs. 500.00 (Rupees five hundred only), from predecessor-in-interest of the defendants. In pursuance to oral sale, appellants were in possession of the suit property for the last 40 years i.e. w.e.f. 15.11.1961. In view of the long uninterrupted possession, the plaintiffs also claimed the right of ownership by way of adverse possession in the suit property.

(2.) The suit was contested. Besides, taking preliminary objections, on merits stand of the defendant/respondents was, that no sale deed was executed in favour of the plaintiff/appellants. It was further the stand of the defendant/respondents that plaintiffs, on the basis of revenue entries had, in fact, threatened the defendants to dispossess from the suit land forcibly and illegally. All other averments made in the suit were denied.

(3.) On the pleadings of the parties, the learned trial Court framed the following issues:-