Narendra Kumar Jain, J. - (1.) HEARD learned Counsel for the parties.
(2.) PLAINTIFFS /Respondents filed a suit for permanent injunction in respect of disputed property i.e. 'Chabutara'. The learned trial Court after considering and appreciating the evidence of the parties, decided Issue No. 1 in favour of Plaintiffs and decreed the suit and restrained the Defendants not to put any obstruction or hindrance in raising construction of Latrine, Bathroom over the disputed 'Chabutara' marked as 'ABCD' in red colour in the map annexed with the suit. Being aggrieved with the same, the Defendants preferred first appeal which has been dismissed by the First Appellate Court vide judgment and decree dated 19.04.2010, which is under challenge in this second appeal preferred on behalf of the Defendants.
(3.) LEARNED Counsel for Appellants referred the statement of PW1 and submitted that disputed piece of land was in possession of one Ghisi and not in possession of the Plaintiffs, therefore, finding of both the Courts below is erroneous and the same is liable to be set aside.;