KALU RAM AND ORS. Vs. JAI NARAIN

JUDGEMENT

(1.) THIS Regular Second Appeal [for short 'RSA'] is directed against judgment and decree dated 30.7.1987 of the lower Court whereby suit filed by Jai Narain plaintiff, respondent herein [now deceased and represented by his LRs], for permanent injunction was decreed leaving the parties to bear their own costs which, on challenge made by the appellants defendants, were confirmed vide judgment and decree dated 3.5.1990 by the Appellate Court below.

(2.) CLAIMING himself to be owner in possession of khasra No. 294 measuring 12 Marlas, a suit for permanent injunction was filed by respondent -plaintiff Jai Narain against the defendants - appellants herein, seeking restraint against them from interfering in his possession over the land in dispute [situated within the revenue estate of village Bahalan Kalan, Tehsil Narnaul] with further prayer not to raise any construction. It was also prayed that if any construction is raised, the same be demolished.

(3.) ON the contrary, the defendants had taken up a stand that not the plaintiff, but they were in possession of the suit property as owners and were living in the residential house which they had constructed since long i.e. earlier to consolidation of holdings in the village.