- (1.) This Second appeal is preferred against the judgment and order dated 4.2.1998 passed by 4th Additional District Judge, Ghaziabad in civil appeal no.186 of 1993 arising out of original suit no.715 of 1989 decided on 1.9.1993 by 4th Additional Civil Judge, Ghaziabad.
(2.) Brief facts giving rise to this appeal are as follows: Plaintiff respondents, hereinafter called the respondents, filed an original suit no.715 of 1989 against the defendant appellant, hereinafter called the 'appellant', for the relief of permanent prohibitory injunction restraining the appellant from interfering over the plot and construction thereafter. The said suit was dismissed vide its order dated 1.9.1993. The respondents filed an appeal which was registered as civil appeal no.186 of 1993 and was transferred to the court of 4th A.D.J. who allowed the appeal vide its order dated 4.2.1998 and decreed the suit filed by the respondent.s Feeling aggrieved, the appellants preferred this appeal.
(3.) Learned counsel for the appellants submitted that the respondents have completely failed to prove his case by any reliable evidence. The case of the respondents was that she purchased a plot No. 30 E measuring 555.5. sq. yards situate in the Khasra no.839/1 Indra Enclave Colony, Tehsil and District Ghaziabad on 15.1.1986 from one Shakuntala Malik for consideration of Rs. 35,000/-.;