OBHAN SINGH Vs. DHIRI SINGH

JUDGEMENT

(1.) This is a defendants' Second Appeal filed against the judgement and decree dated 11 Feb. 1987 passed in First Appeal No. 29 of 1986 whereby the plaintiff's first appeal was allowed and the Original Suit No. 409 of 1985 was decreed.

(2.) The plaintiffs filed Suit No. 409 of 1985 with an allegation that they were owners in possession of plot no. 752/2/6 area 0.30 decimal of village Panwah, District- Mainpuri and that over this plot they had planted their trees and had raised various structures in the form of a Madhai, Naads and Charans and that despite the fact that the defendants had no concern with the disputed property, they were disturbing in their peaceful existence and thus they be injuncted from interfering with the possession of the plaintiffs.

(3.) The Trial Court dismissed the suit while the First Appellate Court allowed the appeal and injuncted the defendants from interfering with the peaceful possession of the plaintiffs and further directed the defendants to remove their structures/constructions etc. from over the disputed plot which they had raised after the institution of the suit.