JAGDISH Vs. JAGDISH AND ORS.

JUDGEMENT

(1.) OM Parkash plaintiff, now deceased, represented through his legal heirs, respondents No. 1 and 2 in this appeal, had filed a suit for seeking a decree of permanent injunction restraining the defendants from interfering in his peaceful possession over the land details of which had been given in the plaint with explanatory boundaries and the revenue record. It was claimed that the defendants owned a plot towards the western side of the plot of the plaintiff and were threatening to encroach upon the alleged plot of the plaintiff by constructing a wall for which they were having no right.

(2.) DEFENDANTS Ram Kumar and Jagdish, (now appellant), and two others had contested the suit. Defendant No. 3 Ramdhari died during pendency of the suit and was then represented through his legal heirs viz. defendants No. 3 -A to 3 -C who are now proforma respondents No. 4 to 6 in this appeal. Ram Kumar, defendant No. 1, is respondent No. 3 in this appeal.

(3.) FOR adjudication of rival claims of the parties, following issues were framed by the lower court on 26.7.2004: