1996 Supreme(Raj) 792
ARUN MADAN
Tarachand Anr. – Appellant
Versus
Paltu Nath – Respondent
For the Appellants:Mr. Ajay Gupta, Advocate.
For the Respondent:Mr. R.K. Mathur and Mr. Akhil Modi, Advocates.
JUDGMENT
1. - This civil second appeal has been directed against the judgment and decree dated 4th December, 1981 passed by Addl. District Judge, Kishangarh Bas in Appeal No. 122/1980 confirming the judgment and decree passed by Munsif-cum-Judicial Magistrate, Kishangarh Bas dated 5th July, 1977 decreeing the suit filed by the plaintiff-respondent.
2. The facts giving rise to the filing of this appeal briefly stated are that the plaintiff-respondent filed a suit against the defendant-appellants on 6th February, 1973 in the Court of Munsif, Kishangarh Bas, District Alwar for permanent injunction in respect of the property in dispute and had also sought a relief from Trial Court against the defendant-appellants by restraining them from dispossessing the plaintiff from the property in dispute. It was contended by the plaintiff before the Trial Court that he is in possession of the property in dispute as a owner since his ancestrals and that it was his ancestral property. It was further pleaded that the defendants have no interest in the property in dispute and that they forcibly want to dispossess the plaintiff from the premises, it was prayed that the defendants be restrained by means
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