- (1.) Present regular second appeal against concurrent findings of facts recorded by both the Courts below in a suit for declaration and permanent injunction having been filed by the plaintiff/respondents. For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.
(2.) Relevant facts of the case that plaintiffs Harish Kumar and others had filed suit for declaration that they are owner of house in question and also sought relief of permanent injunction for restraining the defendants from making any alteration or addition and raising any construction, parting with possession of the house in question. Defendants contested the suit thereby admitting that house in question was allotted to Wadhwa Ram son of Pallu Ram, who has already died. After the death of Wadhwa Ram, his widow Jai Wanti got the conveyance deed in her own name. Defendants took the plea that on the one hand, plaintiffs had been claiming the decree dated 22.11.1991 in favour of Harish Kumar and at the same time, they are alleging that Gobind Ram was sole owner of the suit property as per succession, whereas plaintiffs have no right, title or interest with the suit property. As per defendants, they are tenants of Jai Wanti and plaintiffs were estopped from filing the suit by their act and conduct and as such present suit be dismissed.
(3.) On these facts, the Court of first instance settled the issues and parties were put to trial. The Court of first instance, after recording of evidence and appreciation thereof, returned the findings that plaintiffs were entitled to declaration and injunction and decreed the suit in their favour. Defendants preferred first appeal and remained unsuccessful and as such present regular second appeal before this Court.;