LAL SINGH Vs. UJAGAR SINGH

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 C.P.C. has been filed by the appellants/plaintiffs against the judgment and decree of the Court of learned District Judge, Sirmaur District at Nahan, dated 11.7.2000, vide which he accepted the appeal filed by the respondents/defendants against the judgment and decree passed by the Court of learned Sub Judge, Rajgarh, dated 10.11.1999, decreeing the suit for permanent injunction filed by the appellants/plaintiffs and the said findings were reversed by the learned First Appellate Court.

(2.) Briefly stated, the facts of the case are that the appellants, hereinafter also referred to as the plaintiffs, filed a suit for permanent injunction as against the respondents, hereinafter also referred to as the defendants. It was alleged by the plaintiffs that the plaintiffs alongwith defendant No. 3 and proforma defendants are absolute owners in possession of Abadi Deh land comprised in Khasra No. 685/240 measuring 3-09 Bighas. It was alleged that defendant No. 3 without the knowledge of the plaintiffs and proforma defendants sold a part of this Khasra No. to defendants No. 1 and 2 through an oral agreement. Defendants No. 1 and 2 were alleged to be strangers to the suit land, started digging the suit land for raising construction over the land, to which they have no right. Hence, the suit for permanent injunction filed by the plaintiffs.

(3.) Defendant No. 1 contested the suit and took up preliminary objections in regard to maintainability, estoppel etc. On merits, he pleaded that he is also a resident of village Mangan and is entitled for the share in the Abadi Deh of the village. He also pleaded that his son Sukh Dev had purchased old and dilapidated structure and land thereunder for a consideration of Rs.4000/- from defendant No. 3 and had reconstructed a cow-shed thereafter. Thus, it was pleaded that no cause of action had arisen to the plaintiffs and as such, the suit is liable to be dismissed.