BABU & OTHERS Vs. EID MOHAMMED

JUDGEMENT

(1.) Heard learned counsel for the appellants.

(2.) Plaintiff-respondent filed a suit in the trial court against defendants-appellants to pass a decree of permanent injunction in his favour and restraining the defendants for not constructing a shop or any other construction on the disputed land of way marked ABCD in the map annexed with suit.

(3.) The case of plaintiff was that disputed piece of land of way is a common land of both the parties, whereas defendants' case was that it exclusively belongs to defendants. Both the parties led their evidence. Learned trial court framed three issues. Plaintiff produced Exhibit-1 Map; Exhibit-2 Registered Sale Deed; Exhibit-3 Site Plan Commissioner; and Exhibit-4 Report Commissioner in addition to oral testimony of P.W. 1 Eid Mohammad and 2 Shabbir. Defendants examined D.W. 1 Babu and D.W. 2 Davendra and produced Exhibit A-1 permission granted by Municipal Board for raising construction and Exhibit A-2 Map.