J U D G M E N T

The Second Appeal is filed at the instance of the defendants who suffered concurrent findings before the trial Court as well as the First Appellate Court, in a suit for declaration of the plaintiff’s title to suit cart track and for mandatory injunction against the defendants to remove the offending constructions over the suit cart track and to restore the same to its original stage and also for a relief of permanent injunction against the defendants from cultivating or put up any construction over the suit cart track.

2. The parties are described as per their litigating status before this Court.

3. The case of the plaintiff before the trial Court was that a 9 feet wide cart track runs in S.F.No.255 and 260 with 6 feet wide portion of the said cart track falling within S.F.No.255 and the remaining 3 feet wide cart track falling within S.F.No.260. It is the case of the plaintiff that originally one Mr.Maqbool Jon owned 9.36 acres of land having purchased the same under sale deed 11.04.1978. However, patta was granted in respect of 9.54 acres, 18 cents over and above the extent purchased by him.

4. According to the plaintiff, the said Mr.Maqbool Jon sold specific extent o