BHAG CHAND Vs. KHAZAN CHAND

JUDGEMENT

(1.) THIS appeal, is directed, against the judgement and decree, dated 12.10.2006, rendered by the Court of Civil Judge (Junior Division), Karnal, vide which, it closed the evidence of the plaintiffs (now appellants), and dismissed the suit, under Order 17, Rule 3 of the Code of Civil Procedure, and the judgement and decree, dated 29.05.2007, rendered by the Court of Additional District Judge, Karnal, vide which, it dismissed the appeal.

(2.) THE plaintiffs (now appellants), filed a suit for permanent injunction, claiming themselves to be the owners, in possession of the cattle verandah marked ABCD, measuring 49' x 27', total area 147 sq. yards, comprising Rectangle No. 177, Killa No. 27 (0-5), situated in village Jundla, Tehsil and District Karnal, as fully detailed in para No. 1 of the plaint, after having purchased the same from Khajan Chand son of Tulsi Ram, defendant No. 1, vide sale deed dated 30.05.1990. It was stated that, at the time of the purchase, the suit property was vacant. The plaintiffs constructed a cattle shed thereon, and immediately after its purchase, also installed hand pump and fodder machine. The defendants tried to take forcible possession of the property, in dispute. They were many a time, asked not to do so, but to no avail. Ultimately, the suit, referred to above, was filed.

(3.) ON the pleadings of the parties, the following issues were struck:-