(1.) APPELLANT, who was defendant No.3, before the trial Court has filed the instant appeal challenging the judgment and decrees of the courts below whereby suit of the plaintiff-respondent for permanent injunction restraining the defendants from interfering in their peaceful possession over the suit land and also from raising construction over the suit property illegally and forcibly, was decreed.
(2.) AS per the averments made in the suit, plaintiff Jhabbu (predecessor-in-interest of respondent Nos.1 to 5) filed the present suit alleging therein that he along with his brothers and sisters was owner in possession of land measuring 1 marlas comprised in Khewat No.91/96, rectangle No.69 killa No.20/7(0-1) situated in village Pinangwan, Tehsil Punhana, District Gurgaon. The plaintiff and his brothers and sisters were in continuous possession of the suit land and were using the same as manure pit since the time of their forefathers and the defendants being strangers had no right, title or interest in the suit land. The defendants intended to interfere in the peaceful possession of the plaintiff over the suit property. The plaintiff requested the defendants several times not to interfere into his peaceful possession but defendants did not accede to the request. Hence the present suit.
(3.) IN the replication, plaintiff reiterated his case and controverted the averments made by the defendants. It was contended that no competent authority had acquired the land, neither any road was in existence. On the pleadings of the parties, the following issues were framed by the trial court: