SHER SINGH Vs. DARYAO SINGH

JUDGEMENT

(1.) PLAINTIFFS Sher Singh and Bhoop Singh filed suit for permanent injunction against Daryao Singh and others defendants restraining the latter from interfering with their possession and raising construction on gitwar shown by letters ABCD in the plan attached to be plaint with is part of Khasra No. 8190 situated in the abadi deh of village Majra Dubaldhan as per Bandobast of 1879. Along with the plaint, they made application under order 39 rules 1 and 2 read with Section 151 CPC whereby they claimed ad-interim relief to this effect. It was alleged in the plaint that this gitwar is part of khasra No. 8190 as per bandobast 1879 situated in the abadi deh of village Majra Dubaldhan. It was in the ownership and possession of their ancestors namely Paras Ram etc. and now it is in their ownership and possession. They are using this gitwar for tethering their cattle. They have set up bitoras there. They have set up manger. Their bricks are lying there. Their apprehension is that defendants shall dispossess them and raise construction over there. They are residents of village Majra Bindhyan and have no right, title or interest in the suit property.

(2.) DEFENDANTS resisted their claim. It was denied that plaintiffs are owners in possession of this gitwar. It was also denied that this gitwar was part of khasra No. 8190. Suit land was ownership of shamilat Bhojian Thola Malwan. During consolidation its khasra No. was 559 and prior to that it was the ownership of Pana Bhojian and some part was in lal dora and now gram panchayat Majra Bhimpan and Pana Bhojian Thola Malwan were raising construction of Vikas Centre after Collecting donations from the residents of the village for the benefit of the public at large. Walls to the height of 12, 15 feet have been raised and earth filling to the extent of 8 feet x 10 feet has taken place and construction is almost complete.

(3.) NOT satisfied with this order of Additional Civil Judge (Senior Division), Jhajjar dated 2.9.1999, Daryao Singh and other defendants went in appeal. Additional District Judge, Jhajjar vide order dated 8.12.1999 allowed the appeal and dismissed the application of the plaintiff-respondents filed under Order 39 rules 1 and 2 read with Section 151 CPC.