JUDGMENT

This civil second appeal is preferred against the judgment and decree dated 12.10.2018 passed by the learned Additional District Judge, Bhawanimandi, District Jhalawar (for brevity, “the learned Appellate Court”) in Civil Appeal No.04/2016 whereby, while dismissing the appeal, the judgment dated 31.08.2016 passed by the learned Civil Judge, Chaumahla, District Jhalawar (for brevity, “the learned trial Court”) decreeing the Civil Suit No.03/1997 filed by the respondents/plaintiffs (for brevity, “the plaintiffs”) for mandatory and permanent injunction, has been upheld.

2. The relevant facts in brief are that the plaintiffs filed a suit for mandatory and permanent injunction stating therein that they were under ownership and possession of the subject property comprising of a ‘Bada’ (open piece of land). It was alleged that in June 1988, the defendants have installed a gate towards its northern side raising construction of a wall without any authority of law. Therefore, the decree as aforesaid was prayed for.

3. The defendants in their joint written statement, denying the averments made in the plaint, submitted that defendant No.1 was in possession of the subject property for