HARDEI Vs. JAGDISH PRASAD & ORS

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) Plaintiffs/respondents filed a suit for permanent injunction in respect of property in dispute on the ground that they are the legal owner of the property in dispute and defendants are unnecessarily making interference in the same, therefore, they may be restrained by passing a suitable decree for permanent injunction in favour of plaintiffs and against defendants. The suit was contested by the defendants by filing written statements.

(3.) The learned trial Court framed four issues. Issue No.1 was whether plaintiff is owner and in possession of the disputed property. Issue No.2 was whether defendants want to take possession of the disputed property. Both the parties led their evidence. The learned trial Court decided all the issues in favour of plaintiff and against defendants. The learned trial Court in para 13 of the judgment also observed that defendants had pleaded in their written statements that disputed land is agriculture land, therefore, the trial Court has no jurisdiction, but neither any issue was framed in this regard nor the same was pressed during the course of arguments.