Prakash Tatia, J. - (1.) HEARD learned Counsel for the appellants
(2.) THE plaintiffs/respondents No. 1 and 2 filed a suit for declaration, possession and injunction against the defendants (appellants and the respondents No. 3 to 6) alleging that the plaintiffs are the owners of the property in dispute and the defendants illegally encroached upon the property in dispute. The defendants claimed that the property in dispute was originally belonging to one Phuse Khan who had three sons. Two of them are the plaintiffs and one was Heer Singh. Heer Singh sold the property to Kayamkhani Samaj through the appellants on 14.01.1957. The defendants also took the objection that the suit is barred by time.
(3.) THE trial Court gave permission to the plaintiffs to maintain the suit by giving permission under Order 1 R.8 CPC as the defendants claimed the property was of Kayamkhani Samaj. The trial Court after recording evidence, declared the plaintiffs as owners of the property in question and passed the decree for declaration, possession and injunction as well as for removal of some structure which was raised by the defendants No. 1, 3 and 4 (appellants) by the judgment and decree dated 15.07.2003.;