PARBHATI Vs. LALITA

JUDGEMENT

(1.) Suit filed by plaintiffs - Smt. Lalita Yadav and Lal Kaur (now contesting respondents) seeking decree of permanent injunction regarding the property in dispute was dismissed by the trial Court on 30/1/1988. Both the contesting parties went in appeal. Defendants- Parbhati, Jee Sukh and Paras Ram (appellants herein through their respective LRs) filed appeal against the finding, whereby sale deed in their favour was held to be null and void. On the other hand, plaintiffs filed the appeal against the finding, whereby relief of permanent injunction was declined to them despite holding sale deed in their favour to be valid.

(2.) In order to avoid confusion, parties shall be referred as per their status before the trial Court. Trial Court record was called and the same has been perused.

(3.) Plaintiffs claimed that they along with proforma defendants No.4 to 16 are owner in possession of the land measuring 06 kanal 14 marlas delineated by letters 'X Y Z Q' in the site plan attached with the plaint on the basis of sale deed dtd. 24/10/1979, 26/10/1979, 27/2/1981, 27/10/1979, 21/4/1975 and 17/4/1972 (Ex.PW1/2 to Ex.PW1/4, Ex.PW6/1 and Ex.PW6/2 and Ex.PW14/1). Out of this land, plaintiffs along with defendants No.13 to 16 are owners of the portion shown in letters 'ABCD' on the basis of oral partition, on which they had raised construction of Chhappar, brick wall etc., as shown in red colour in the site plan and which was in possession of Satvir and Yudhvi sons of Sultan. Defendants No.13 to 16 were stated to be owner in possession of the northern portion. It was alleged that contesting defendants being forcible persons were out to dispossess the plaintiffs from the disputed portion shown by letters 'DCEF' without having any right to do so. With these allegations, decree for permanent injunction was sought against the contesting defendants so as to restrain them from interfering in the possession of plaintiffs over the suit land.