Shishir Kumar, J. - (1.) THIS is a Plaintiffs' second appeal arising out of a suit for injunction against the Defendants.
(2.) THE Plaintiff -Appellants filed a suit for permanent injunction to restrain the Defendant -Respondents from interfering in possession over the disputed house alleging therein that by virtue of a sale -deed dated 2.2.1990 they have purchased an area of 302 sq. meters of land of Plot No. 279 and thereafter they have raised certain constructions and by Nagar Palika it has been allotted House No. 19/6 -A -J. Defendants are trying to interfere in the possession, therefore the present suit is being filed. On behalf of the Defendants a written statement was filed denying the claim that they have purchased this property from the actual owner on 9.3.1994 and Plaintiffs have got no right in the property in dispute. During pendency of the suit proceedings under Section 145 Code of Criminal Procedure. were taken and the disputed property was attached and the matter is pending before the Court. The trial court dismissed the suit holding therein that Plaintiffs have failed to prove from the document as they have purchased the said property on the basis of registered sale -deed. Further Plaintiffs have filed an appeal. That too has been dismissed. Hence, the present second appeal.
(3.) ON behalf of the Plaintiffs, P.W. 1 Abdul Quddus, P.W. 2 Ansar and P.W. 3 Raseed Jamal have made statements before the Court. The documentary evidence filed was Dakhil -Khariz, Card 10 Ga, sale -deed dated 2.2.1990 as well as photostat copy of Nakal Khatauni dated 20.3.1989 was filed. Plaintiffs have also filed photo copy of the order passed in Writ Petition No. 37567 of 2001. The Commissioner's report 98 Ga in Suit No. 35/86 was also filed.;