- (1.) V. N. Singh, J. The second appeal has been filed against the judgment and decree dated 22-2-1993 passed by Sri V. K. Jain, the then Xth Addl. District Judge, Bareilly, in Civil Appeal No. 127 of 1989, Purshottam Das v. Hari Kishan Misra and others, against the judgment and decree dated 20-10-1989 passed by Shri J. P. Srivastava, IIIrd Addl. Civil Judge, Bareilly in Original Suit No. 232 of 1988.
(2.) BRIEF facts of the case is that Original Suit No. 232 of 1988 has been filed for permanent injunction restraining the defendants and their agents/legal representatives in peaceful possession of the plaintiff by not constructing anything in the house in dispute. Chheda Lal, grand-father of the plaintiff was the owner of the house No. 505/392 situated in Mohalla Punjabpura, Bareilly. After the death of Chheda Lal, his son Sri Ram became the owner and after his death the plaintiff and respondents No. 1 to 6 became the owner as heirs of Sri Ram. It has been alleged in the plaint that there is mutual understanding between the parties that none shall disturb the exclusive possession of the house without adopting legal process.
(3.) IT has been alleged by the plaintiff that defendant No. 2 without taking consent of the remaining owners wanted to create obstruction in the main passage of the ground and first floor by making construction without approval of the map from Bareilly Development Authority, which is in possession of the plaintiff for the last 20 years consecutively. As in spite of the repeated requests, defendant No. 2 did not accede the request of the plaintiff, not to make any construction, the suit has been filed.;