JUDGMENT:

The Plaintiff filed suit against the defendants for declaration of right and title over plaint A and B Schedule properties, for recovery of possession, mandatory injunction, removal of the structures made in Schedule-A and Schedule B properties and the compound wall constructed around Schedule A & B properties and for consequential relief of permanent injunction restraining the defendants and their men from over interfering with and disturbing in any way from the peaceful and lawful possession over the plaint B Schedule properties and for cost of the suit.

2. The detailed facts of the suit averments are not necessary for dispose of the Civil Miscellaneous Appeal. The Trial Court has framed the following issues:

1. Whether the plaintiff is entitled for declaration of right and title over the A and B schedule properties by virtue of sale deed dated 15.07.2008?

2. Whether the plaintiff is entitle for recovery of possession from the defendants in respect of A & B Schedule properties?

3. Whether the plaintiff is entitled for permanent injunction as prayed for?

4. Whether the plaintiff is entitled to grant mandatory injunction directing the defendants to remove the unlawful construct