DALIP SINGH AND ANOTHER Vs. SMT. GURDAYAL KAUR

JUDGEMENT

(1.) By way of this appeal, defendants No.1 and 5 have challenged the judgment and decree of the Lower Appellate Court whereby suit of the plaintiff-respondent for possession of the suit land has been decreed and the defendants have been restrained from raising any further construction or encroachment over the suit land.

(2.) Brief facts of the plaintiff's case as emerged from the record are that previously Ram Singh son of Hari Singh was owner of the suit land. The plaintiff-respondent being wife of Ram Singh was Class-I legal heir. Ram Singh executed will dated 25.7.1993 in favour of the plaintiff. Ram Singh died on 1.7.1995. Mutation No.152 dated 16.7.1997 was sanctioned. However, the defendants, who were strong headed persons, encroached upon the suit land and raised construction of wall thereon. They were requested time and again to hand over the possession of suit land but they were lingering the matter on one pretext or the other. On her application, Assistant Collector, 2nd Grade, Narnaul, got demarcated the land of the plaintiff who submitted his report to the effect that the defendants had made encroachment on the suit land by way of construction of wall. Hence, the necessity arose to file the suit.

(3.) Defendants No.3 and 4 were proceeded against ex parte.