Khasra No. 117/1 of Raghunath and Punarbai, to the south is Khasra No. 208/1 of Punarbai, to the east is Khasra No. 206/1 of Punarbai, to the west is Khasra No. 207 of Dukhit Ram. Defendant No.3 wants to forcibly get the said disputed lands vacated forcibly by unlawfully whereas he has no right to interfere or obstruct the plaintiff's right to peaceful physical possession and enjoyment. The seller of the disputed land, Defendant No.1 has abandoned the said lands and given physical possession to the plaintiff thirty years before on 09/10/2013. In the sale deed dated 09/10/2013, Defendant No.1 did not have physical possession of the land. On 26/06/2014 also he did not have physical possession. At present, the plaintiff is in possession of the disputed lands. Defendant No.3 submitted an application in the court of Tehsildar, Patan for certification of the said disputed house and vacant land and agricultural land, then the plaintiff raised an objection on the basis of physical possession of the disputed land for about thirty years. On 26/06/2013, defendant No.3 came to the plaintiff's house and threatened to vacate the vacant land of the house and the agricultural land which was reported in writing to the Superintendent of Police, Durg on 21/01/2014, 14/3/2014 respectively. The police station incharge Uttai District Durg investigated and clarified that the plaintiff has been in possession of the said house and vacant land and agricultural land for the last thirty years and after purchasing the said disputed land by defendant No. 3, the plaintiff was called to vacate the house, vacant land and agricultural land, due to which the cause of action arose on 26.02.2013. With these averments, the plaintiff filed a suit for declaration of title and permanent injunction.
