RAM KARAN Vs. PRABHUDAYAL

JUDGEMENT

(1.) Instant second appeal has been filed by the appellants (hereinafter referred to as "defendants") against the order dated 06.03.2010 passed by the learned Additional District and Sessions Judge (Fast Track), Sawaimadhopur, whereby the appeal filed on behalf the respondent (hereinafter referred to as "Plaintiff") against the judgment and decree dated 02.08.2001 passed by the learned Civil Judge (Jr. Division) and Judicial Magistrate, Khandar was dismissed.

(2.) Brief facts of the case are that the plaintiff filed a suit on 08.04.1999 for permanent injunction and declaration against the defendants before the learned Trial Court stating therein that the plaintiff is having possession over a piece of land in dispute measuring 16fts x 26fts, which was purchased by him from the defendant No.5- Radheshyam on 07.07.1993 by registered sale deed, after paying consideration of Rs. 12,000/-. Since, then he is having the peaceful possession over the plot in dispute of which, he is the sole owner. The plaintiff has also obtained the "Patta" from the Gram Panchayat Khandar on 23.03.1998 after paying consideration of Rs. 1,007/- and the Gram Panchayat Khandar has granted permission for construction over the plot in dispute and when he started the construction over the plot in dispute on 25.03.1999, then the defendants obstructed, therefore a suit was filed by the plaintiff and prayed that the defendants be restrained not to obstruct the construction over the plot in dispute.

(3.) The defendants filed reply before the learned Trial Court stating therein that the defendant No.5-Radheshayam has never sold the plot in dispute to the plaintiff and defendants are having possession over the plot in dispute.