- (1.) Suit was filed by respondents no. 1 to 4 before the trial Court, against the appellant and respondents no. 6 and 7 who are impleaded as proforma respondents in the instant Regular Second Appeal (RSA), for declaration that they alongwith respondent no. 5 are the owners of 16 kanals of the land in question comprising of two specific khasra numbers measuring 8 kanals each as per jamabandi for the year 2002-2003 and restraining the defendants including the appellant from interfering in the use of passage measuring 1 kanals 7 marlas. The passage comprised in 3 khasra numbers, which is located on the east, west, north border of killa nos. 100/2-3 & 4. The suit was filed on 03.01.2006. The cause of action arose to the plaintiffs as the original owners had entered into an agreement to sell dated 21.09.2005 to sell rest of their land in favour of the appellant. The ownership of land purchased by plaintiffs and respondent no. 5 was not basically in dispute.
(2.) Learned trial Court framed following issues from pleadings of the parties:- 1. Whether any passage was given by defendants no. 1 and 2 to plaintiff in killa no. 100/2-3-4, if so its effect OPP 2. Whether the agreement dated 21.09.2005 to the extent of 1 kanal 7 marlas is liable to be set aside OPP 3. Whether plaintiffs are owners in possession of rectangle no. 100/5-6, if so its effect OPP 4. Whether the width of the path is 11 feet OPP 5. Whether the suit is not maintainable in the present form OPD 6. Whether the plaintiffs have no locus standi to file the present suit OPD 7. Whether the defendants are entitled to special cost OPD 8. Relief.
(3.) The learned trial Court decreed the suit of plaintiffs for permanent injunction restraining defendants no. 1 to 3 including the appellant from causing any obstruction in the use of passage by them except in due course of law. The decree passed by the lower court was affirmed by the lower appellate court in the appeal at the instance of appellant-defendant no. 3.;