By the Court.—Heard Sri Ravi Kant, learned Senior Advocate assisted by Sri Birendra Singh, learned counsel for appellants and sri Ajay Singh, learned counsel for respondents.

2. This is a plaintiff’s appeal under Section 96 of C.P.C., arisen from judgment and decree dated 30.11.2009 and 8.12.2009 respectively passed by Sri Mangal Prasad, Additional District Judge, Court No. 3, Agra whereby Court below has dismissed Original Suit No. 791 of 1999 filed by plaintiff-appellants (hereinafter referred to as ‘appellants’) for relief of permanent injunction.

3. Brief facts as transpire from record are that appellants filed a suit for permanent injunction, stating therein that they are owners and in possession over Bungalow No. 29, situated at Gopi Chand Shivhare Road, Agra Cantt., Agra (hereinafter referred to as “disputed property”) which is a free hold property. Original owner of disputed property was Mr. Clement Ernest Galestin who has sold it on 12.1.1942 to Syed Ali Raja, Sayyad Fiaz Mustafa and Sayyad Haseen Mustafa. Above persons sold disputed property by means of a registered sale-deed dated 26.5.1949 to Dr. A.P. Kapur. After death of Dr. A.P. Kapoor, his heirs sold it, by