- (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. Hence, the respondents/plaintiffs filed the suit for demolition of the construction raised by the appellants in the suit property and for permanent injunction restraining the appellants/defendants from putting up construction.
(3.) The appellants pleaded that they purchased the property from sardar Jagir Singh by a document dated 11.03.1976 for Rs. 1,800/- of the area 30x30 ft. The appellants/defendants contended that they are in possession of the property for more than 15 years and perfected the title by adverse possession. The defendants have taken specific plea that the suit is barred by the provisions of Section 331 of U.P. Zamindari Abolition Act and Land Reforms Act.;