BUDHI DEVI Vs. HEM SINGH

JUDGEMENT

(1.) Plaintiffs, who happened to be Baryagi, Chaman Lal, Hem Singh, Sukhu, Kumari Dharmi and Balku, Respondents 2 (a) to 6 had filed a suit praying for reliefs A, B and C, as detailed in the plaint. During the pendency of the present proceedings, learned Counsel for the Plaintiffs made a statement at the bar that Plaintiff-Respondents do not press the reliefs A and B and withdrew the same, with liberty to file a fresh suit on the same cause of action. That prayer was allowed. Reliefs A and B, as pleaded by the Plaintiffs, on account of the withdrawal, cannot be granted and the suit, as such, to that effect, stands dismissed.

(2.) On the basis of relief 'C', which survived, the Plaintiffs had made the following prayer:

(3.) Defendant No. 1 was alleged to be a cunning person who got executed a sale deed in his favour from one Lajju who was since dead. He is threatening to exercise the rights of taking the branches of the trees, though he was not having any right to that effect. It was on the basis of the aforesaid circumstances that the suit for declaration and injunction has been preferred against Defendant No. 1.