SURAT RAM Vs. RAMESH CHAND

JUDGEMENT

(1.) The plaintiffs are the appellants, who filed a suit for permanent prohibitory injunction, which was decreed in their favour by the learned trial Court. The learned first Appellate Court though affirmed the decree passed by the learned trial Court to the effect that the parties were co-sharers as has been claimed by the plaintiffs, however, the relief granted by it was modified by limiting the relief of injunction till the time the land inter se the parties was not partitioned by metes and bounds.

(2.) It is against this judgment and decree passed by learned first Appellate Court that the appellants have filed the instant appeal on the ground that the judgment and decree passed by learned first Appellate Court is based on surmises and conjectures and, therefore, is not sustainable in the eyes of law.

(3.) It is not in dispute that the suit of the plaintiffs was based on the plea that they along with others were co-sharers of the suit land and, therefore, the defendants/respondents do not have any right, title or interest to interfere, transfer and fence the property.