RATI RAM Vs. SARDAR SINGH

JUDGEMENT

(1.) The defendant is in appeal. A suit for permanent injunction was filed by the plaintiffs claiming that they were joint owners of Plot No.38 and the defendants had no right to interfere in the said plot. The defendant contested the suit and claimed that the dimensions given by the plaintiff with regard to plot No.38 were wrong. It was specifically maintained by the defendant that although plot No.38 belongs to the plaintiffs but its measurement were 633 square yards.

(2.) The learned trial Court decreed the suit filed by the plaintiffs by ignoring the dimensions given by them but held that plot No.38 measuring 633 square yards was the ownership of the plaintiffs and they were in possession thereof. Consequently, the RSA NO.3891 of 2005 -2- defendants were restrained not to interfere in the aforesaid plot in any manner.

(3.) The defendant took up the matter in appeal. The learned First Appellate Court re-examined the entire evidence and came to the similar conclusions. However, it appears that in the judgment certain observations have been made which might prejudice the interest of the defendant. The relevant portion of the judgment of the learned First Appellate Court reads as under: