VAZIR MOHAMMED AND ANR. Vs. REHMAT AND ORS.

JUDGEMENT

(1.) This is plaintiffs second appeal against the judgment dated March 1, 1977, of the District Judge, Pratapgarh, dismissing the plaintiffs suit by reversing the judgment and decree dated Nov. 2, 1974, of the Additional Civil Judge, pratapgarh, who had decreed the plaintiffs suit for injunction restraining the defendants from interfering in the work of constructions being done by the plaintiffs.

(2.) The suit, out of which the present appeal arises, was filed by the appellants on Aug. 23, 1971, in the Court of Munsif, Pratapgarh, against the defendants for injunction and damages with the allegations that the plaintiffs were raising constructions on a plot, situated at Panditji ki Bawari, Pratapgarh, it was alleged that the said plot belonged to and was in the possession of the plaintiffs. They had obtained permission of the Municipal Board, Pratapgarh, on May 11, 1971, and had started the work of constructions on July 13, 1971. It was urged that the defendants were objecting to the constructions and had disturbed the work on July 14, 1971. It was also alleged that the plaintiffs suffered a loss of Rs. 200.00 on account of the obstructions made by the defendants Nos. 2 to 11.

(3.) The suit was contested by defendants Nos. 2 to 11, who alleged that the suit plot did not belong to the plaintiffs. Rather it belonged to Shri Abdul s/o. Khuda Bux who had given it in Wakf to the Masjid Mohalla Bawari. It was further alleged that previously also in a litigation about this very plot in which Chandu s/o. Suleman Kunjara was also party, it was held that it belonged to Abdul.