1. This appeal is by the defendant, which was admitted by a Bench of this Court on the following substantial questions of law :-

“(i) Whether the suit of the plaintiff claiming relief of permanent injunction only was maintainable without claiming relief of possession in view of their own pleading that the defendants have encroached and have taken possession of the suit land ?

(ii) Whether the finding of the Courts below that the suit land was of the ownership of respondent, is legally sustainable ?”

2. Facts giving rise to filing of the appeal briefly stated are that the plaintiffs filed a suit on the ground that the plaintiffs purchased the suit house situate on Khasra No.146/1 vide registered sale-deed dated 18.6.1982 from one Mithailal. It was further averred that the defendant’s house is situate on western side of the plaintiffs’ house. The defendant had purchased 750 sq. ft. of land, which is evident from the sale-deed executed in his favour. However, the defendant encroached the land admeasuring 59.7 sq.ft. situate on western side, which belongs to the plaintiffs. Accordingly, the plaintiffs’ filed a suit seeking the relief of mandatory injunction for removal of encroach