JUDGMENT

P. Venkatarama Reddi, J.-Leave granted.

2. The appellants were the defendants in the two suits filed by Madan Gopal, who is no more and is now represented by his legal representatives who are respondents herein. The first suit was filed to restrain the first defendant (appellant herein) for making any construction on the spot marked CB in the sketch annexed to the plaint or in any other part of the land and also to restore the original position of the land at point CB and to restore the entry gate to the suit property. The second suit was filed seeking permanent injunction restraining the defendants from changing the nature of the suit land or raising any construction or transferring the same to the detriment of the plaintiff. The plaintiff also prayed for a permanent injunction restraining defendants No. 1 and 5 from installing and working the sawing machine at point A as shown in the sketch plan.

3. The original plaintiff s father and defendants fathers were brothers being the sons of one Kanshi Ram. The plaintiffs claimed that Khasra Nos. 119 & 120 were Abadideh inam land belonging to the said common ancestor and the defendants have no exclusive rights over the said