DEEPAK MAHESHWARI,J. - (1.) Heard learned counsels for both the sides and perused the judgment impugned dated 01.12.1993 passed by learned trial Court as also the judgment dated 20.08.2004 passed by learned First Appellate Court whereby, the judgment impugned passed by learned trial Court was upheld.
(2.) The facts of the case in brief giving rise to this second appeal are that on 04.08.1979, suit was filed by the plaintiff Kanhaiya Lal claiming the relief that decree of permanent injunction against the defendant restraining him from making any encroachment on the disputed plot by way of constructing road and drainage thereon. Defendant contested the suit claiming that disputed plot belongs to him and not to plaintiff.
(3.) On the basis of the pleadings of both the parties, as many as, 8 issues were framed including the relief clause. After recording evidence of both the sides and giving opportunity of hearing to them, all the issues were decided by the learned trial court in favour of the plaintiff/respondents and the permanent injunction, as prayed by the plaintiff was granted in his favour.;