ANITA CHAUDHRY, J.

1. This is the defendants' second appeal aggrieved by the judgment and decree passed by both the Courts below.

2. The plaintiff – Rajinder Singh had purchased land from the co-sharers. The details are given in para no.1 of the plaint. The land was purchased by two sale deeds both dated 15.04.2004. The case of the plaintiff was that the defendants were strangers and had no right or title in khasra no.410, situated at Dadri, District Bhiwani. Disclosing some additional facts it was pleaded that Subhash Chander the vendor of the plaintiff had earlier filed a suit in 1997 against these defendants for permanent injunction and after the sale he did not take any interest and did not pursue the suit and the plaintiff after purchase got himself substituted in place of Subhash and the suit was partly decreed and no injunction was granted with respect to a part of the property as the Local Commissioner had found the defendants' possession over some portion and while deciding issue no.5, a finding was given that the plaintiff will have to file a suit for possession. It was pleaded that in the previous suit the defendants had taken the plea that they had perfected the