KIRODI LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the appellants.

(2.) Plaintiffs-appellants filed a suit for permanent injunction in respect of property in dispute in the trial court against the defendants, which has been dismissed by the trial court. Judgment and decree passed by the trial court has been affirmed by the first appellate court. Hence, this second appeal has been preferred on behalf of the plaintiffs-appellants.

(3.) Submission of learned counsel for the appellants is that land in dispute was lawfully allotted by Gram Panchayat to the plaintiffs and thereafter they raised construction of the shops. Since, the appellants were in possession of the property in dispute, therefore, suit for injunction ought to have been decreed by both the courts below and both the courts below have committed an illegality in rejecting plaintiffs' suit, therefore, this is a fit case for interference in the finding of both the courts below.