PARAS RAM Vs. BHAIYA RAM

JUDGEMENT

(1.) The defendant has filed this Regular Second Appeal against the judgment and decree dated 12.4.1984 passed by the Additional District Judge, Sonepat (hereinafter described as 'the first appellate Court') vide which the appeal of the plaintiff preferred against judgment and decree dated 2.3.1983 of the Senior Sub Judge, Sonepat (referred to hereinafter as 'the trial Court') was partly accepted.

(2.) A suit for permanent injunction was filed by the plaintiff seeking to restrain the defendant from interfering in his proprietary and possessor rights over the suit property. He had set up a sale deed dated 29.11.1978 to claim his ownership on the area which was described as ABCD and shown in the red colour in the plan attached with the plaint being a part of the bigger plot depicted by letters ABCDEFGHJD situated in killa No. 65/1, Jamalpura Khurd Area, Sonepat. It was asserted by the plaintiff that he had purchased this property from one Bihari Lal and that the defendant was interfering in his possession. He also pleaded that prior thereto, proceedings under Sections 107/151 of the Cr.P.C. were initiated regarding this very plot inter se between the parties and in that, the defendant had admitted the his ownership.

(3.) The defendant, upon notice, appeared and contested the suit. He also set up a plea of his ownership and possession over the suit property. It was pleaded that the suit property was not owned by the plaintiff, but it was part of khasra No. 42 which was gair mumkin johar and the same was filled by him at the cost of Rs. 10,000/-. It was further pleaded that he was in possession of the same for the last more than 10 years and by implication, he set up a plea of adverse possession. The proceedings under Sections 107/151 of the Cr.P.C. were, however, admitted.