NARAJAN SINGH AND ANOTHER Vs. BALBIR SINGH

JUDGEMENT

(1.) This is plaintiffs' second appeal challenging the judgment and decree dated 15.12.2011 of the lower appellate Court, whereby appeal filed by the defendant-respondent, against the judgment and decree dated 12.11.2010 of the trial Court, was accepted and suit of the plaintiff-appellants was ordered to be dismissed.

(2.) As per the averments made, appellants purchased the suit property and thereafter constructed a boundary wall and also installed a gate in the said plot. Since defendant-respondent wanted to grab the suit property, the appellants filed a civil suit seeking permanent injunction restraining the respondent from interfering into their possession over the plot in dispute.

(3.) Upon notice, the respondent appeared and contested the suit on the ground that he had purchased the suit property prior to the purchase by the plaintiff-appellants and was in possession of the same. It was further pleaded that sale deed in favour of the appellants was for another area and was not of the property which was in possession of the defendant-respondent.