Shishir Kumar, J. - (1.) HEARD learned Counsel for the Appellants and Sri Arun Kumar Singh appearing for the Respondents.
(2.) THIS is a Defendants' second appeal arising out of suit filed by Plaintiff -Respondents as Suit No. 380 of 1988 for injunction and dispossessing the Defendants from the property in dispute. The suit was decreed and the appeal filed by the Defendants has been dismissed. The facts as stated in the plaint by the Plaintiffs is that the property in dispute is Abadi of the Plaintiffs. A pond is towards the east of the said property and towards the west, a plot of Mahendra Singh is there and in the north the Abadi of Nav Bahar Singh as well as to the south there is property of Bhoore Singh and Rakesh. It has further been averred that the Plaintiffs are in possession of the said property but Defendants forcibly want to dispossess the Plaintiffs and want to take possession. Hence, the suit has been filed.
(3.) DEFENDANTS filed a written statement which was numbered as Paper No. 25 Ka denying the allegations made in the plaint stating therein that the facts stated by the Plaintiffs are incorrect to the effect that Defendants have unauthorisedly occupied the land in dispute. It is also incorrect to state that the Plaintiffs are tethering the animals and keeping the fodders of the animals there for the last 50 years. The Plaintiffs have got no concern with the property in dispute and it is not the ancestral property of the Plaintiff - Respondents. The property in dispute is ancestral property of the Defendants and one Suit No. 55 of 1934 between Rani Phool Kumari v. Kalu was filed in which the Defendants' father was one of the parties. A compromise was arrived at and it was accepted that the Defendants' father is the owner of the property. Defendants No. 3 and 4 have filed their written -statements denying the claim of the Plaintiff -Respondent and further stated that in the earlier proceedings the rights of the parties have already been adjudicated, therefore no relief can be granted to the Plaintiffs.;