SAMAY SINGH ALIAS BALI Vs. KEHAR SINGH

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 26.8.2003 which had endorsed the finding of the trial judge dated 22.8.1996 whereby the suit of the Plaintiff Kehar Singh seeking permanent injunction had been decreed in his favor.

(2.) The Plaintiff had filed a suit for permanent injunction. Contention was that he is owner in possession of the property marked ABCDEF and the property marked ABHG in the site plan attached along with the plaint situated in the Ababdi Salahpur Majra, Delhi. The property marked ABCDEF was partly built up and rest is vacant land used by the Plaintiff for tying his cattle. Defendant did not own and was not in possession of any land around or in the vicinity of the Plaintiff. Defendant with malafidie and ulterior motive threatened to occupy the open portion of the Plaintiff's property marked CDEB. In spite of the request, the Defendant did not desist from his act; suit was accordingly filed.

(3.) Defendant had contested the suit. In the written statement, it was contended that the site plan filed by the Plaintiff is not a correct depiction of the site. Defendants are in possession, use and occupation of the land marked BEDC in the site plan filed by them.