TARA BAI AND OTHERS Vs. HAR LAL

JUDGEMENT

(1.) Plaintiff had filed a suit for permanent injunction that the defendants be restrained from interfering in his peaceful possession. The case of the plaintiff, in brief, was that the suit property had been mortgaged with him by defendant No.1 Tara Bai for a sum of Rs. 3,000/- in the year 1974. The possession of the suit property was handed over to the plaintiff in pursuance of the mortgage deed. Thereafter, defendant No.1 had entered into an agreement to sell the suit land to the plaintiff for a sum of Rs. 3,000/- . Defendants were interfering in his peaceful possession. Hence, the suit for permanent injunction was filed by the plaintiff.

(2.) Defendants, in their written statement, averred that defendant No.1 Tara Bai was the owner of the suit property. The said land had never been mortgaged with the plaintiff. Defendants were owner in possession of the suit land.

(3.) On the pleadings of the parties, following issues were framed by the trial Court:-