JUDGMENT

Indermeet Kaur, J.

1. This present appeal has impugned the judgment and decree dated 08.7.2005 whereby the suit of the plaintiff Ram Chander & Ors. seeking permanent injunction had been dismissed. Vide the impugned judgment and decree dated 23.3.2007 the judgment and decree of the trial judge had been reversed; suit of the plaintiff stood decreed.

2. Briefly stated the factual matrix is as follows:

i. Plaintiffs (five in number) claimed to be owners of a plot in Khasra No.98, Lal Dora in the extended Lal Dora of Village Samaspur , Khalsa Delhi 1/4th share was owned by plaintiffs no.1 to 4 and 1/4th share was owned by plaintiff no.5. This was in terms of a khatoni dated 19.12.1994.

ii. Defendants were stated to be powerful muscleman having an evil design over the property of the plaintiffs. On 18.1.1995 they threatened the plaintiff. Suit for permanent injunction was accordingly filed.

iii. Defendant contested the suit. It was stated the suit is not maintainable. It was stated that out of 1600 sq. yards (1 Bigha and 12 Biswas) comprised in the Khasra No.98 of which the plaintiffs claimed 800 sq. yards was actually in their possession. The present suit is a malafide garb