DHAN RAJ (DEAD) THROUGH LRS Vs. CHARAN SINGH

JUDGEMENT

(1.) The plaintiff-appellants initiated a suit for permanent injunction seeking to restrain the respondents from interfering in the peaceful possession of the suit property or from raising unauthorised construction thereon.

(2.) It was pleaded by the appellants that plot bearing ghar No. 879 ahata No. 384 situated in village Bhiduki was known as a Kabrisatan. This plot was being used by the plaintiffs as Kabrisatan to bury the dead bodies of their ancestors and the graves were existing thereon. The appellants converted to Hinduism and were in possession of the property.

(3.) The respondents contested the suit to say that they were the owners in possession of the suit property and the identity of the suit land was also questioned. An alternative plea of adverse possession was also raised. The fact that the property was a Kabrisatan was also denied.