PRAMOD KUMAR SRIVASTAVA,J. - (1.) Heard learned counsel for the parties on question of admission of second appeal and perused the records.
(2.) Original Suit No. 1157/2006, Nakhadu Prajapati v. Vijay Shanker and Others, was filed with averment that owner of disputed land in form of pit was Harihar Singh, who was predecessor in interest of defendant. After his death, defendants became his legal heirs. Plaintiff had purchased disputed 25' x 55' land in form of pit from Harihar Singh on consideration of Rs. 2,400/ -. This purchase was made about 30 years back by oral transaction. Plaintiff is residing in this disputed land, but defendants have given application before police for evicting the plaintiff. Therefore cause of action arose and plaintiff had filed suit for permanent injunction.
(3.) In this O.S. No. 1157/2006, defendants had filed written statement denying the plaint averment and pleaded that they had admitted plaintiff as licensee over disputed land, but plaintiff had filed suit on the basis of incorrect facts, which should be dismissed.;