MAYA DEVI Vs. TARLOCHAN SINGH CHEEMA

JUDGEMENT

(1.) THESE are plaintiffs' appeals directed against the judgments of the learned trial Court dated 11.3.2006 and that of the learned Lower Appellate Court dated 1.9.2008.

(2.) A suit for permanent injunction was filed by the appellants R.S.A. No. 4103 of 2008(O&M)-2- seeking to restrain the respondents from interfering into their possession and it was pleaded that they are in possession of the property in the shape of a constructed shop which was earlier a part of Plot No.39 in the year 1969-70. Earlier, their predecessor-in-interest i.e. their father Lekh Raj was in possession of the suit property since 1962-63 and he had raised construction of an ice factory and cotton ginning machine. It was further pleaded that the property had undergone numerous changes in so far as the numbering for the purpose of identification in the municipal record was concerned. It was also pleaded that the respondents are bent upon to interfere in their peaceful possession. It was further pleaded that they are the legal heirs of their father Lekh Raj who had succeeded in the earlier suit in which he had claimed ownership by way of adverse possession vide decree dated 26.9.1991.

(3.) THE learned trial Court on the pleadings of the parties framed the following issues :-