Brief facts of the case that the original plaintiff filed a suit for permanent injunction against the respondent No.1-defendant (for short ‘the defendant’) mentioning therein that since 1979, the plaintiff is in possession of one cabin described in Para No.1 of the plaint. The said cabin was belonged to Shri Shyamlal S/o of Shri Ram Charan, who was the Proprietor of Kailash Photo Centre and the same was handed over by him to Shri Shyam Sunder S/o Banailal. The said cabin was purchased by the plaintiff from Shri Shyam Sunder vide agreement dated 13.11.79 and since then he was in possession and carrying on his business in the name of M/s Mahaveer Aabhaudshan Bhandar. It is further alleged that Shri Shyam Lal had constructed two cabins (one big and another small cabin). Big cabin was in the possession of Shyam Lal and small cabin was in the possession of the plaintiff. Shri Prakash S/o Shyam Lal sold both the cabins to other persons. On apprehension, the plaintiff wrote a letter to the defendant to transfer the small cabin in his name instead of transferring the same to other(s). The defendants replied on 25.08.1986 directing the plaintiff to remove unauthorized construction from the said small cabin. Hence, the plaintiff filed the said suit.
