Pramod Kumar Srivastava, J. - (1.) Heard learned counsel for the parties and perused the records.
(2.) Original suit no. 99/1979 (Jai Nath Singh v. Ghurahu Sahu) was filed for the relief of permanent injunction in favour of plaintiffs and defendants fourth set (defendant no. 5 & 6) against the defendant no.-1 only. Plaint case in brief was that plaintiffs are owner in possession of disputed house and defendant no.-1 had no right title or concerned with this property, but he is unauthorisedly trying to interfere in their possession. Therefore the defendant be restrained by means of permanent injunction from interfering in plaintiffs' possession of disputed property, and if it is found that plaintiffs are not in possession of any portion of property, then the same be delivered to plaintiffs and no. 5 and 6.
(3.) In original suit only contesting defendant was defendant no.-1 who had filed written-statement and pleaded that sale-deed mentioned by plaintiffs regarding purchase of disputed property were never executed and were without consideration. This plaint averment is incorrect that Ram Padarath had constructed the house of disputed place. They further pleaded that they are owner in possession of disputed property. For this property, original suit no. 699/1946 was filed by the then Zamindar against defendant no.-1, in which defendant no.-1 had given nazrana and compromise the matter and suit was dismissed. The plaintiffs' suit is based on incorrect facts and is liable to be dismissed.;