MUBIN AND ANR Vs. MOHD IBRAHIM

JUDGEMENT

(1.) This is second appeal by defendants, who have been unsuccessful in both the courts below.

(2.) Respondent - Mohd. Ibrahim filed suit for mandatory injunction and permanent injunction alleging that he along with his brothers purchased 2/3rd share in land measuring 01 kanal 16 marlas comprised of Killa No. 30 from Rafiq and Subrati, vide registered sale deed dated 18.10.1999 along with other land and since then, plaintiff is co-sharer in joint possession of the said land. Defendants have no right, title or interest therein, but in the absence of the plaintiff and his brothers, who mostly remained away from the village for their business, the defendants have constructed three rooms in the suit land along with some other construction about three months before the filing of the suit. The defendants also wanted to raise further construction in the suit land, for which they started digging foundation. The plaintiff accordingly sought mandatory injunction directing the defendants to demolish the construction raised by them in the suit land. The plaintiff also claimed permanent injunction restraining the defendants from raising any further construction in the suit land.

(3.) The defendants denied the averments of the plaintiff and inter alia pleaded that defendants are exclusive owners in possession of the suit land. Their grandfather Sikander was previously owner in possession thereof. The defendants are residing in the suit property since the time of their forefathers. The suit property now falls in abadi deh and therefore, it has been omitted from the revenue record. Rafiq and Subrati were not owners of the suit land and had no right to sell the same to the plaintiff and his brothers. Plaintiff is not co-sharer in joint possession of the suit land.