CHHOTEY LAL Vs. MANOHAR LAL

JUDGEMENT

(1.) This Regular Second Appeal under Sec. 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the appellants/defendants impugning the concurrent judgments of the courts below; of the Trial Court dated 31.8.2005 and the First Appellate Court dated 11.4.2008; by which the suit for injunction filed by the respondents/plaintiffs was decreed and appellants/defendants were restrained from interfering within peaceful possession of the suit land admeasuring 311 sq. yds. forming part of Khasra No. 304/2014, extended abadi of Village Bawana, Delhi.

(2.) The facts of the case are that the respondents/plaintiffs filed the subject suit for permanent injunction claiming ownership rights in the suit land. It was pleaded that the suit land was originally owned jointly by the ancestors of the parties. It was pleaded that since the predecessor-in-interest of the respondents/plaintiffs was the half owner of the total suit land admeasuring 750 sq. yds. situated in Khasra No. 304/2014, hence the predecessor-in-interest of the respondents/plaintiffs was given possession of 375 sq. yds. of the land. Out of this 375 sq. yds. some of the land was encroached upon by some of the appellants/defendants, and therefore, respondents/plaintiffs remained only in possession of 311 sq. yds. of land, and with respect to which the subject suit was filed.

(3.) The appellants/defendants as per their written statement contended that the respondents/plaintiffs were not the owners of the suit land because an oral family settlement had taken place in around the year 1953-54 whereby the predecessor-in-interest of the respondents/plaintiffs gave up rights in the suit land because he got other land. Appellants/defendants claimed to be in possession of the suit land. Suit was therefore prayed to be dismissed.