TARA CHAND & ANR Vs. PALTU NATH

JUDGEMENT

(1.) THIS Second Appeal filed under Section 100 of the Civil Procedure Code by the defendant-appellants is directed against the judgment passed by the Fist Appellate Court dated 4.12.1981 dismissing the appeal of the defendant appellant Tara Chand and another and upholding the judgment and decree passed by the learned Munsif and Judicial Magistrate, Kishangarh Bas, Distt. Alwar dated 5.7.1977 decreeing the suit of plaintiff-respondent Paltu Nath.

(2.) THE plaintiff had filed a civil suit before the trial Court seeking a decree for perpetual injunction against the defendant-respondents restraining the defendants from dis-possessing the plaintiffs from the suit property in question. The plaintiffs claimed in the plaint that they were in permissive possession of the said property for over twenty years, whereas the defendants claimed that the said property was purchased by them from the owner of the said property by a registered sale deed on 29.1.1973 from Shri Purushottam Dass Bharagava and the said residential property is situated in Village Kot Kasim, Tehsil, Kishangarh Bas, Distt. Alwar. The plaintiffs also claimed that the said permissive possession of the portion of the suit property was obtained from the owner Shri Purushottam Das Bhargava is marked by green ink. He had acquired right by adverse possession as he and his family had lived in the said suit premises for over twenty years without any disturbance and, therefore, the defendants could not dispossess them from the suit property in question.

(3.) MR . Ajay Gupta, the learned counsel for the appellants drew my attention to para 3 of the plaint which translated into English reads as under :-