- (1.) Present regular second appeal against concurrent findings of both the Courts below, whereby suit of the plaintiffs for permanent injunction was dismissed and first appeal, filed by the present plaintiffs/appellants, was also dismissed.
(2.) For the sake of convenience, parties are being referred to as per their status before the Court of first Instance. Relevant facts for the purpose of decision of the present appeal that as per plaintiffs, Dhani Ram was the owner of the suit land. Dhani Ram died more than 40 years back and before his death he had given suit land to Luxmi Regular Second Appeal No. 4802 of 2011 (O&M) 2 Narain alias Lichmi Narain, who also died more than 35 years back. Present plaintiffs are legal heirs of Luxmi Narain. Dhan Pal, son of Luxmi Narain died and he was unmarried. Dhani Ram, original owner, had given land for cultivation to Luxmi Narain without payment of any rent. Dhan Pal, son of Luxmi Narain, had executed a Will on 6.9.1996 in favour of Ram Chander. The other plaintiffs relinquished their share in favour of Ram Chander in a family settlement. Plaintiff Ram Chander became owner of ¼th share. Sons of Dhani Ram and his daughter-in-law Smt. Nanhi died and the defendants are their legal heirs.
(3.) As per defendants No. 1 to 7, the suit land was given on batai by Dhani Ram and after his death by his legal heirs and the plaintiffs are not entitled to injunction as they are not owner of the suit property. Defendant No. 8 took the plea that he is a bona fide purchaser of the suit land.;