- (1.) THIS second appeal arises from a suit for permanent injunction filed by plaintiffs -Piare Lal and others against Gram Panchayat, Kabir Pur including village Ahmad Pur and others which has been dismissed by the Court of first instance vide judgment and decree dated 11.06.2008 and appeal preferred by plaintiff no.3 -Kanshi Ram has been dismissed by lower Appellate Court vide judgment and decree dated 31.10.2008.
(2.) FOR convenience sake, reference to parties is being made as per their status in the plaint.
(3.) THE detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. Succinctly, the facts, as pleaded by plaintiffs, are to the effect that plaintiffs are owners in possession of three ghers/plots measuring 83' x 82' each marked with letters ABCD in the site plan attached with the plaint and described in para no.1 of plaint. Plaintiffs have been using the said plots for the last more than 30 years for putting their fire -woods, kurries, bungas etc. and several trees of Safeda, Kikar, Sheesham, Neem and Bakan are existing therein. It was further pleaded that plaintiff filled up the foundations of said plots. The plots/ghers fall in rect. and killa No.33/15/15 situated within the abadi deh of village Ahmadpur. Plaintiffs also have their residential and other properties in village Ahmadpur. A civil suit titled 'Mange and others vs. Surja and others' was filed on 25.02.1988 regarding properties comprised in killa no.33/15/15 and the said suit was dismissed on 10.04.1999. However, defendants being strong headed persons were bent upon to dispossess plaintiffs from suit plots/ghers forcibly and illegally without any right and refused to accede to their request. Hence, suit was filed. Defendants no.3 to 7 resisted the suit and filed written statement taking preliminary objections to maintainability; locus standi and cause of action. On merits, it was pleaded that plaintiffs were not admitted to be co -sharers/owners in possession of the disputed ghers/plots. Plaintiffs have no concern whatsoever with the suit property which is owned and possessed by answering defendants. It was further pleaded that in judgment dated 10.04.1999 passed in civil suit titled 'Mange Ram and others vs. Surja and others', defendants were held to be in possession of the suit property. The water tank was constructed in the disputed plot by the defendants and other villagers for their use long before filing of the suit. Other allegations in the plaint were denied.;