RAGHBIR AND ORS. Vs. RAJENDER KUMAR AND ORS.

JUDGEMENT

(1.) THIS is second appeal by Defendants No. 1, 5 and 6 having lost in both the courts below.

(2.) SUIT was filed by Respondent No. 1 - Plaintiff Rajender Kumar against Appellants and proforma Respondents No. 2 to 6. The Plaintiff alleged that he and proforma Defendants No. 7 and 8 (proforma Respondents No. 2 and 3 herein) are owners in possession of the suit land measuring 5 kanals 4 marlas comprised of killa No. 23 and Defendants have encroached upon a part of the same by raising a wall about 20 days prior to the filing of the suit. Accordingly, permanent injunction and mandatory injunction was claimed.

(3.) DEFENDANTS No. 1 to 6 (Appellants and proforma Respondents No. 4 to 6) contested the suit and pleaded that they are owners in possession of 8 kanals land comprised of killa No. 18 and the suit land is part thereof.