R.H. Zaidi, J. - (1.) This is a defendants' second appeal which arises out of Original Suit No. 172 of 1981 filed for permanent prohibitory injunction restraining the defendants-appellants from interfering with plaintiff's peaceful possession over the property in dispute and not to demolish the cattle trough etc. existing on the same. Prayer for mandatory injunction was also made directing the defendants not to make encroachments over the land in dispute.
(2.) Plaintiff-respondent claimed that he was owner in possession of the land in dispute. The defendants-appellants had nothing to do with the same. They have illegally encroached upon the same and established cattle trough etc. over the same, which were liable to be removed and the defendants were liable to be directed not to interfere in the possession of the plaintiff over the same. The suit was contested by the defendants-appellants, who have denied the claim of the plain-tiff-respondent. It was pleaded that the plaintiff was neither owner nor in possession of the property in dispute. The suit filed by him was, therefore, liable to be dismissed. On the basis of the pleadings of the parties, the trial court framed necessary issues. Parties produced evidence in support of their cases, oral and documentary. The trial court, after going through the evidence on the record, recorded findings on the relevant issues in favour of plaintiff-respondent and decreed the suit by its judgment and decree dated 31.7.1998. Challenging the validity of the said decree, the defendants-appellants filed Civil Appeal No. 202 of 1998 before the Court below. The court below has also affirmed the findings recorded by the trial court and dismissed the appeal by its judgment and decree dated 29.8.2000, hence the present second appeal.
(3.) Learned counsel for the appellants vehemently urged that the courts below have acted illegally in decreeing the suit and in dismissing the appeal filed by the appellants. It was urged that the courts below have misread and misconstrued the evidence on the record and the findings recorded by the courts below are perverse, therefore, the present appeal was liable to be allowed.;