Suit for possession and permanent injunction

In such circumstances, the plaintiffs were supposed to establish their title first by filing a suit for declaration along with possession of the property as a consequential relief as the defendant was admittedly in possession of the plot and further establish the fact that the plot in possession of the defendant was situated in the khasra claimed by the plaintiffs

Merely filing a suit for permanent injunction, in the given circumstances, was not maintainable and could not encompass the claim of plaintiffs

Appeal was allowed.

Supreme Court had directed the Appellate Court to frame an issue with regard to part performance of contract but same was not framed and matter was decided

Appellate Court only dilated upon the issues originally framed by the Trial Court and decided the matter

Validity

Matter was remanded to the Appellate Court by the High Court to frame an issue as per direction of the Supreme Court and render the judgment on the said issue after hearing the parties and considering the evidence led on said issue

Impugned judgment passed by the Appellate Court was set aside

Revision was allowed, accordingly.

When it was evident that defendants were owners of suit property, then it was for the plaintiffs to have proved their own case

Unless there existed title in favour of plaintiffs, they were not entitled to any relief

Title of suit property was not disputed and plaintiffs had admitted that entries in the revenue record were not in their names

Presumption of truth was attached to the entries made in the revenue record

Plaintiffs were required to rebut the said entries and prove that the same had been erroneously made

Plaintiffs were not entitled to any relief on the basis of their alleged possession when title was in the name of defendants

Trial Court had rightly dismissed the suit of plaintiffs, which judgment had been set aside by the appellate court on flimsy grounds-Revision was accepted and impugned judgment of the District Judge was se aside and that of the Civil Judge was restored.