- (1.) These appeals are preferred against the common judgment dated 3.1.2008 passed by the High Court of Uttrakhand at Nainital in Second Appeal Nos. 81, 82 and 84 of 2004. The appellants in all the appeals are the same and respondents are also the same.
(2.) The case of the appellants-plaintiffs is that the suit property belongs to them and it is situated in Haysbarton compound and they had let out to the defendants land measuring 25x15 ft. on a monthly rent of Rs.30/- per month and the defendants in contravention of the conditions of the licence had occupied the land measuring 33.850 sq. meter and made construction and also encroached 16.988 sq. meter shown in the plaint plan and constructed two rooms illegally and hence they filed suit no.32/83 for demolition of the construction; suit no.38/83 for ejectment of the defendants and for possession in favour of the plaintiffs; and suit no.2/90 for permanent injunction restraining the defendants not to put illegal construction on the suit land.
(3.) The respondents-defendants denied the tenancy pleaded by the plaintiffs and contended that the suit land is situate at Habilion compound and it does not belong to the plaintiffs and on the other hand it is their property and due to heavy rain in July 1985 their house got damaged and they did the repairing work in both the rooms and they are in possession for the last 13 years.;