RAM CHANDER Vs. DEEPAN

JUDGEMENT

(1.) The defendants are in appeal against the judgment and decree of both the Courts below.

(2.) The defendants have raised two questions, namely,

(3.) The brief facts of the case are that the plaintiffs filed suit for permanent injunction in order to restrain the defendants from interfering in their possession of a residential plot measuring 455 sq. yards situated in Lachhman Market, Jullana. The plaintiffs have alleged that they had purchased plot Nos. 38 and 39 situated in Lachhman Market, Jullana from one Jhandu Ram son of Roop Chand of Village Kulazafargarh vide sale deed No. 1022 dated 5.10.1972. Further, the vendor Jhandu Ram had purchased the aforesaid plots vide sale deed No. 1427 dated 25.9.1967 from Smt. Kasturi Devi wife of Lala Ram Karan of village Budha Khera who had earlier purchased the said plots from one Teka Ram, Roshni Devi and Nanhu Ram vide sale deed No. 1787 dated 1.9.1966, registered on 2.9.1996, for a consideration of Rs. 3,000/-. The plaintiffs have further alleged that after purchasing the plots in the year 1972, they had raised boundary wall in the month of August, 1981 and were in physical possession. The plaintiffs had earlier filed a suit against the defendants on 24.8.1983 when they were trying to interfere in their possession but the said suit was withdrawn because of assurance of the respondents that they will not interfere in their possession. The plaint of the present suit was drafted on 27.8.1983 but the suit was filed on 30.8.1983 making a specific averment that the defendants are adamant to demolish the construction of the plaintiffs (boundary wall) and had alleged that the cause of action accrued to them for filing the present suit on 27.8.1983.