JAI PARKASH Vs. RAJ PAL AND ANR.

JUDGEMENT

(1.) Plaintiff Jai Parkash having remained unsuccessful in both the courts below has filed the instant second appeal.

(2.) Appellant Jai Parkash filed suit against Respondents-Defendants Raj Pal and Babu Lal alleging that the Plaintiff-Appellant is owner in possession of the suit property measuring 149 sq. yds., which he purchased from his brother Raj Pal - Defendant No. 1 vide agreement to sell dated 03.07.1999 for Rs. 60,000/-by paying total consideration and since then, he is owner in possession thereof. He constructed boundary wall of the plot and also constructed mangers etc. for the cattle. However, Defendant No. 1, out of greed, was bent upon to alienate the suit property to Defendant No. 2 or somebody else without any right to do so. The Defendants also threatened to interfere in peaceful possession of the Plaintiff over the suit property. Accordingly, the Plaintiff sought permanent injunction restraining the Defendants from interfering in peaceful possession of the Plaintiff over the suit property and from dispossessing him therefrom and from alienating the same.

(3.) Defendant No. 1 was proceeded ex-parte in the trial court. Defendant No. 2 contested the suit and inter alia pleaded that he has purchased plot measuring 54 sq. yds. out of the suit property from Defendant No. 1 vide registered sale deed dated 05.07.1999 and since then, he is owner in possession of the said plot. Plaint averments were controverted. Various other pleas were also raised.