- (1.) Heard learned Counsel for the appellants and perused the records. Facts in brief of the present case are that plaintiff/respondents filed a suit registered Original Suit No. 180 of 1998 for permanent injunction restraining the defendant-appellants from raising any constructions in Gali of 6 ft. 9 inches shown by letters a, b, c, d, e, f, g and h in the map filed alongwith the plaint. On the allegations that one Abdul Rahman has executed the sale-deed dated 6.8.1929 in favour of his wife Smt. Rafikun Bibi in lieu of Mehar and on the death of Rafikun Bibi her two sons, named, Jaleel and Khaleel came into possession of the said house. However, the defendant tried to interfere the peaceful possession of the complainant without any right. Defendant-appellants contested the suit by filing the written statement inter alia stating therein that there is no house of Western Side of Katawaru's house and no Gali on the spot. It has also been submitted that plaintiff-respondents have purchased the house from Vishwanath son of Katawaru by the registered sale-deed dated 24.2.1994.
(2.) The learned Addl. Civil Judge (J.D.), Court No. 21, Gorakhpur, by judgment and decree dated 8.2.2006, allowed the suit.
(3.) Aggrieved by the same, the defendant-appellants filed Civil Appeal No. 11 of 2006, dismissed by the judgment dated 17.2.2014 and decree dated 24.2.2014.;