DHARMU AND ANOTHER Vs. SUBHADRA BAI AND OTHERS

JUDGEMENT

(1.) By this appeal, the defendants in the suit out of which it arises, have challenged the judgments of the learned trial Court as also the first appellant Court, decreeing the suit of respondents no.1 and 2 herein (the plaintiffs), by which they had sought a decree of permanent and mandatory injunction, restraining the present appellants from interfering in their peaceful possession of the suit property, which is shown to be a house bearing MC Unit no.L-739, fully described in the plaint, situated in Lohar Bazar, Bhiwani. The mandatory injunction sought was that the appellants herein be directed to remove the newly constructed wall described in the site plan that was led by way of evidence and also to remove the gate affixed in that wall, and to remove the idol installed in the open courtyard of the suit premises.

(2.) It was the contention of the respondents-plaintiffs that they were otherwise residents of Bhiwani though presently residing at Adilabad, Andhra Pradesh, with the suit property owned by them and the proforma defendants (respondents no.3 to 6 herein), which was in their possession continuously without any interruption.

(3.) It was further the case of the plaintiffs that the appellantsdefendants were not law abiding persons and wanted to enter the house without any right; and had used filthy language and had scuffled with the plaintiffs one week prior to the institution of the suit (instituted on 08.12.2010), and had also tried to take possession illegally and to change the nature of the property.