- (1.) Leave granted. Heard the learned Counsel. For convenience, the parties will be referred to also by their ranks in the suit. The facts
(2.) Respondents 1 and 2 (plaintiffs) filed a suit for declaration, possession and injunction (Title suit No. 133/1982 on the file of Sadar Munsiff, Purnia) against the appellant (first defendant) and Sujash Kumar Ghosh (second defendant) in regard to the suit property. The suit property is a strip of land measuring East to West: 72 feet and North to South : 1 3" on the Western side and 10" on the Eastern side described in Schedule B to the plaint. Plaintiffs claimed that the suit property was a part of the A schedule property purchased by them under sale deed dated 29.12.1962. The reliefs sought in the said suit were: (i) declarations that (a) the plaintiffs are the absolute owners in possession of the suit property; (b) the defendants do not have any right, title or interest or possession in respect of suit property; and (c) the first defendant had illegally encroached and started construction in the suit property; (ii) a direction to first defendant to deliver possession of the suit property to plaintiffs after demolishing the construction over the same; and (iii) a permanent injunction restraining first defendant from interfering with the suit property.
(3.) The first defendant resisted the suit contending that he had purchased the property to the South of plaintiff s property from second defendant under sale deed dated 5.5.1982 and the suit property actually formed part of his property. He contended that the plaintiffs had no right, title or interest in the suit property.;