R.R.Rastogi, J. - (1.) This is defendants appeal arising out of a suit filed by the plaintiff respondent Smt. Bhagwati Devi, originally for a permanent injunction restraining the defendants from interfering in her possession of house Nos. 152 and 153 situated in Mohalla Gadariyan in the city of Najibabad. It appears that during the pendency of the suit the plaintiff was dispossessed from this house and hence she prayed for recovery of possession as also Rs. 1,000/- by way of damages. The case taken in defence was that the plaintiff was not the owner of the disputed house nor had she ever been in possession of it, but Smt. Jaldei was its owner and she had made a transfer in respect of it in favour of defendants 1 and 5 on 17-7-1964 and they had been living in the house along with defendant No. 2. Plea of estoppel was also taken and further it was pleaded that defendants 3 and 4 were not necessary parties to the suit. There was also a plea that the court-fee paid was insufficient.
(2.) Several issues were framed by the trial court. On the main issues the trial court held that the plaintiff was the owner of the disputed house and had been in possession of the same and she had been dispossessed by the defendants without any right or title and as such she was entitled to recover possession over the same. On the question of damages it was held that the plaintiff had failed to prove the defendants had caused any such damage. The suit was hence decreed for possession of the house in dispute in favour of the plaintiff-respondent.
(3.) Being aggrieved, an appeal was filed by the defendants which remained unsuccessful and hence this further appeal has been filed before this court.;