NARINDER KUMAR Vs. TILAK RAJ

JUDGEMENT

(1.) Defendant-appellant has come up in regular second appeal against the judgment and decree of the first appellate Court affirming on appeal those of the trial Judge decreeing the suit of plaintiff-respondents No. 1 and 2 for permanent in junction restraining defendants No. 1 to 4 from hanging the existing position and nature of the disputed property.

(2.) The facts : Plaintiffs-respondents No. 1 and 2 (hereinafter the plaintiffs-filed a suit for permanent injunction restraining defendants No. 1 to 4 (respondent No. 3, 4, 7 and the appellant in this appeal, hereinafter the defendants) from changing the nature of the property in suit. The suit was contested by the defendants on the ground that the disputed house was owned by Smt. Raj Rani, who had purchased the same in open auction from the Custodian Regional Settlement Commissioner, Jullundur and she had bequeathed the same in favour of Narinder Kumar, defendant No. 2 appellant (hereinafter defendant No. 2) and he was the sole owner of the property.

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