MANPHOOL AND ANOTHER Vs. ROOP RAM AND OTHERS

JUDGEMENT

(1.) Plaintiffs Manphool and Ratti Ram having failed in both the courts below have filed this second appeal.

(2.) Plaintiffs alleged that they along with their brother Lachhman were tenants in possession of 225 kanals 14 marlas land including suit land measuring 10 kanals 4 marlas involved in the present suit, since the year 1950. They were declared owners thereof being occupancy tenants by civil court decree against Sahab Ram big land owner. However, aforesaid land of Sahab Ram was declared surplus and was then allotted to plaintiffs and their brother Lachhman and one Bhani Ram in the year 1981 by the allotment authority. The plaintiffs have challenged the said allotment by filing separate civil suit. The said suit was dismissed by trial court and first appellate court and in that case RSA No. 2153 of 1992 is pending. The plaintiffs alleged that defendant no. 1 Roop Ram claims to have purchased suit land from Bhani Ram vide sale deed dated 13.8.1998. However, the said sale deed is also illegal and invalid because Bhani Ram himself was not owner of the suit land. Bhani Ram was also not in possession of the suit land and therefore, defendant no. 1 is also in possession thereof.

(3.) However, defendant no. 1 along with defendants no. 2 to 5 threatened to cut and remove the trees standing in the suit land. Plaintiffs sought permanent injunction restraining the defendants from doing so.