Advocates:
R. D. UPADHYAYARUN AGGARWAL

1

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 6504 of 2008

SHANKAR & ORS. ...APPELLANT(S)

VERSUS

SURENDRA SINGH RAWAT (D)THR. L.RS

AND ANR.

...RESPONDENT(S)

O R D E R

1.

This appeal arises out of the judgment dated 20.07.2006

passed by the High Court of Uttaranchal at Nainital in

Second Appeal No. 49 of 2006 in and by which the High Court

has affirmed the judgment of the Courts below granting the

decree

for

permanent

injunction

restraining

appellants/defendants from putting further construction and

granting mandatory injunction for demolition of the

construction raised in the property.

2.

The respondents/plaintiffs purchased the suit property

by a sale deed dated 03.05.1979 from the owner Swami Sardar

Jagir Singh for a consideration of Rs.18,400/- and the

respondents/plaintiffs have become owner of the property and

their names were also recorded as Bhumidhar in the revenue

records.

Respondents/plaintiffs

alleged

that

the

appellants/defendants have encroached upon the suit property

and put up construction. He