Decided on April 18,2013

Raees Ahmad And Ors Appellant
Abdul Salam And Ors Respondents


- (1.) This Second Appeal, preferred under section 100 of Code of Civil Procedure, 1908, is directed against the judgment and decree dated 05.04.1997, passed by Civil Judge (Sr. Div.), Nainital, in Civil Appeal No. 3 of 1996, whereby said court has dismissed the appeal and affirmed the judgment and decree dated 23.12.1995 passed by the trial court (Civil Judge (Jr. Div.), Kashipur) in Original Suit No. 194 of 1986. The trial court decreed the suit for permanent injunction against the defendants directing them not to interfere in ownership and possession ofthe plaintiff.
(2.) Heard learned counsel forthe parties and perused the lower courtrecord.
(3.) Brief facts, of the case, are that plaintiff/ respondent no. 1 Abdul Salam instituted the suit in respect of GHER (shown by letter A,B, C and D in the plaint) situated within the limits of Municipal Area of Jaspur, on the south of which house of defendant no. 4 Chuttoo (respondent no. 3) is situated. The plea of the plaintiff is that he was in possession of the GHER (enclosure) from time of his ancestors which is used by him to park tractor, trolly and other agricultural goods. Earlier he used the land forrunning his KOLHU (sugar cane press mill). It is further pleaded that plaintiff pays Rs. 15 per annum as house tax (entry no. 2875) in respect of land in suit to Nagar Palika, Jaspur. It is alleged by the plaintiff that on 15.10.1986 at about 10:00 a.m., defendants started collecting bricks on the western part of the disputed land which was protested by plaintiff due to which there was quarrel between the parties, and matter went to the Sub Divisional Magistrate, Kashipur, whereafter the parties were calmed down by the Station Officer of Police Station Jaspur. Apprehending that the defendants may interfere with the possession of the plaintiff, the suit was instituted by him (plaintiff/respondent no. 1) for permanent injunction.;

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