Judgment

P.P. Naolekar, J.—Leave granted.

2. The appellant Ajad Singh has filed a suit for declaration and possession of his right, title and interest over the suit property along with Dilawar Singh @ Dilbag Singh and Silak Ram - proforma respondents Nos. 4 and 5 and for mandatory injunction against respondent Nos. 1, 2 and 3 for removal of superstructures raised by them over the suit lands and for restraining them from interfering with the possession of the appellant. The case of the plaintiff/appellant is that he and respondent Nos. 4 and 5 are real brothers and the property in suit came to them in partition effected between them and their uncle Puran. The respondent Nos. 1, 2 and 3 have encroached upon the suit lands on 2.1.85 by storing some pucca bricks on the suit land and thereafter have raised some construction over it. The defendant-respondents have not vacated the land in spite of demand by the plaintiff-appellant. The defendants/respondents Nos. 1, 2 and 3, filed their written statements denying the right, title and interest of the appellant over the suit land and claimed that they were in possession of the suit land for the last 60 years which had ripened into ownership b