SATYAVIR Vs. RATTI RAM

JUDGEMENT

(1.) This appeal has been preferred by Satyavir-defendant No.2 challenging the judgment and decrees of the Courts below whereby suit of the plaintiff-respondent No.1 for permanent injunction restraining the appellant as well as respondent No.2-Maman from interfering in the peaceful possession of the suit property, was decreed.

(2.) Respondent No.1 filed the present suit submitting that the suit property was his ancestral property and he was in his exclusive possession, wherein he had installed a tin shed and was using the same for tethering animals and for other domestic purposes and the defendants had no concern with the same; however they were threatening to encroach upon the suit property which necessitated the filing of the present suit.

(3.) The appellant as well as respondent No.2 contested the suit and filed their written statement. Respondent No.2 in his written statement pleaded that the suit property was his exclusive property wherein he had constructed permanent house and he was in possession of the same since the time of his forefathers and plaintiff-respondent No.1 had no concern with the suit land. It was further pleaded that the suit property was sold by him to the appellant vide sale deed dated 24.7.2000 and now the appellant is in possession of the suit property as owner and he has raised construction of his house and is residing in the suit property.