- (1.) Heard argument of learned counsel for the parties and perused the records.
(2.) In Original Suit No. 62/2006, plaint case in brief was that plaintiff had acquired ownership of disputed property detailed in plaint by unregistered agreement to sell from its former owner Murad Ali (father of defendants no. 3 and 4) and taken possession of this land and has been user of it as owner. Defendants have no right, title or interest in this property, but they are unauthorizedly trying to interfere in plaintiff's possession. Therefore, plaintiff had filed suit for permanent injunction restraining defendants.
(3.) In written-statement, defendant no.-1 denied plaint averments and further pleaded that plaintiff has no right or title in disputed property nor had he purchased it. Such unregistered purchase cannot confer any right to plaintiff. Plaintiff had never been in its user. In fact, defendants had purchased disputed property by registered sale-deed dated 11.1.2005/ 12.1.2005 from its owners defendant no.-2 Saeed Ali and Sammi Ali and acquired its possession as owner. Plaintiff has filed suit on the basis of incorrect facts, which is liable to be dismissed.;