SUKHBIR SINGH Vs. RANBIR SINGH AND ANR.

JUDGEMENT

(1.) This regular second appeal has been filed against the judgment and decree passed by the learned lower appellate Court vide which suit filed by the plaintiffs for permanent and mandatory injunction restraining the defendant from encroaching upon or interfering on the path, has been ordered to be decreed by the learned lower appellate Court.

(2.) The plaintiff filed a suit on the plea that the plaintiffs along with their real brother Sukhbir Singh purchased agricultural land described in Khewat No. 176 Khata No. 260 Rectangle and Killa Nos. 41//6/1/5(2 -7), 6/2/1/5 (2 -7) as per the jamabandi for the year 1983 -84 from the defendant for a sale consideration of Rs. 60,000/ - ( Rupees sixty thousand only).

(3.) The possession of the land is said to have been handed over to the plaintiffs and mutation also sanctioned in their favour on 23.11.1990. It was the case of the plaintiffs that the defendant had agreed to provide 8 feet wide path leading to the suit land through Killa Nos. 40//1/2/2/2, 10/6 which were owned by the defendant and his brothers on its western side but the same could not be incorporated in the sale deed executed on 28.11.1988.