MADAN LAL ETC Vs. BUDH RAM ETC

JUDGEMENT

(1.) This appeal with leave is directed against the judgment of a learned single Judge passed in Regular Second Appeal No. 54 of 1968 dismissing the Plaintiffs' second appeal.

(2.) Plaintiffs instituted a suit in the Court of the Subordinate Judge, First Class, Kandaghat, praying for an order of permanent injunction restraining the Defendants from interfering in Plaintiffs' possession as owners of 1 Bigha and 17 Biswas of the Abadi land situate in Khasra No. 751 of Mauza Mahsol Khana Tiron in Tehsil Kandaghat. It was alleged that the Defendants had begun digging foundation over some portion of the land for constructing a house and in spite of remonstration of the Plaintiffs they are still continuing with the same and hence a mandatory injunction was also claimed in the suit for the demolition of the unauthorised construction.

(3.) The Defendants contested the suit on the assertion that the Plaintiffs had neither any title nor were in possession of the land in dispute and the Defendants being proprietors of the village owned the land in dispute which was the Shamlat land of the village Abadi. It was alleged further that some four years back the Plaintiffs had illegally occupied 10 Biswas of the disputed land for cultivation and proper steps would be taken in due course for their ejectment.