- (1.) Plaintiffs having failed in both the Courts below are in second appeal.
(2.) Plaintiffs alleged that they are owners of the suit plot measuring 2 biswas 15 biswansis comprised of khasra No.566 as per settlement of the year 1879, as depicted by letters ABCD in site plan annexed with the plaint. They inherited it from their ancestors Sunder (a widow), Arjun etc. Defendants No.1 to 10 have forcibly occupied portion thereof depicted by letters AEFG in the site plan. Accordingly plaintiffs filed suit for possession of the encroached portion.
(3.) Defendants No.1, 2, 4 and 6 to 9 contested the suit whereas the remaining defendants were proceeded against ex parte. Contesting defendants claimed themselves to be owners in possession of the disputed plot. It was denied that plaintiffs or their ancestors had any right, title or interest therein. Encroachment on plot No.566 by the defendants was also denied. Various other pleas were also raised.;