- (1.) This is defendant's Regular Second Appeal against the judgment and decree of the, Additional District Judge whereby the judgment and decree of the trial Court was affirmed 'in appeal.
(2.) Briefly put, the plaintiff filed a suit for permanent injunction on the ground that he is owner in possession of the suit land and that the defendants have no concern whatsoever. Apprehending forcible occupation of the suit land, the plaintiff filed a suit seeking the restrain order against the defendants. The defendants in their written statement, broadly controverted the pleas raised by the plaintiff. It was further asserted by the defendants that they are in possession of the suit land. It was further explained that in a dispute between the parties the land has been attached under Section 145 of the Code of Criminal Procedure and so at the moment the possession is with the receiver.
(3.) On the pleadings of the parties, following issues were framed: 1) Whether the plaintiff is in possession of the suit land, if so, in what capacity and its effect OPP. 2) Relief.;