MANPHOOL Vs. RAJ SINGH

JUDGEMENT

(1.) PLAINTIFFS are in appeal against the judgment of reversal in the suit for permanent injunction.

(2.) BRIEF facts of the case are that plaintiffs sought a decree for permanent injunction qua a residential plot and a house constructed thereon bearing khewat No. 71, khatoni No. 125 and khasra No. 134 total measuring 1 kanal and 12 marlas, as per the jamabandi for the year 1998 -99. It was further pleaded case of the plaintiffs that after raising construction of their two pucca houses consisting of 22 rooms, they were residing therein and some portion was being used for tethering the cattle. It was also prayed that if the defendants succeeded in dispossessing the plaintiffs during pendency of suit, the possession be got delivered to the plaintiffs.

(3.) WITH a view to substantiate their respective stands taken, both the parties led their documentary as well as oral evidence. After hearing both the parties and going through the evidence brought on record, the learned trial court came to conclusion that plaintiffs were entitled for the decree sought by them. Accordingly, the suit was decreed vide judgment and decree dated 25.11.2010. Defendants filed first appeal and the same was partly allowed, observing that possession of the plaintiffs was established just on the half share. Thus, feeling aggrieved against the impugned judgment and decree dated 24.7.2013, plaintiffs have filed instant regular second appeal.