PRAKASH Vs. RAJ KUMAR

JUDGEMENT

(1.) The appellants/plaintiffs have instituted the present Regular Second Appeal (hereinafter to be referred to as 'RSA'), challenging the judgment and decree dtd. 3/4/1993 passed by the learned Additional District Judge, Jind. By the said judgment, the learned First Appellate Court allowed the appeal preferred by the respondents/defendants and set aside the judgment and decree dtd. 17/3/1992 passed by the learned Additional Senior Sub-Judge, Narwana in favour of the appellants/plaintiffs. Aggrieved by the reversal of the lower Court's findings, the appellants have approached this Court seeking restoration of the decree granted in their favour.

(2.) Briefly facts of the case are that the appellants/plaintiffs filed a suit for permanent and mandatory injunction claiming themselves to be owners in possession of the suit land and that defendants are trying to interference in the possession of the plaintiffs and for mandatory injunction to remove the construction if they have raised any, on the plot in dispute. Plaintiffs claimed that defendants have collected bricks at the spot and wanted to raise construction for which they have no legal right to do so, hence the suit.

(3.) Suit was contested by defendants No.1 and 2 by denying the ownership and possession of the plaintiffs and has alleged that vide sale deed dtd. 30/6/1980, plaintiff-Parkash Kaur has sold the suit land to Smt. Saroj Devi and thereafter Saroj Devi sold the plot vide sale deed dtd. 23/1/1981 to Sadhu Ram, who exchanged the land with answering defendants in the month of December, 1981 and since then are in possession of suit land and they further raised plea that they are raising construction over plot in dispute legally and prayed for dismissal of the suit.