KANWAR SINGH Vs. ASHOK KUMAR

JUDGEMENT

(1.) This is the second appeal filed by the unsuccessful defendants, challenging the concurrent judgments and decrees, passed by the courts below, whereby; the suit for injunction filed by respondents/plaintiffs for restraining the appellants/defendants from interfering with possession of the plaintiff, has been decreed.

(2.) For the convenience, the parties are being referred to herein as the plaintiffs and the defendants; as they were described in the original suit.

(3.) The brief facts, leading to the present appeal, are that the plaintiffs had filed the instant suit asserting therein that the suit land, comprising Khewat No.21, Khatoni No.28, Khasra No.48/2 measuring 1 Kanal 6 Marla is a gair mumkin gait situated within abadi and is in exclusive ownership and possession of the plaintiff. Earlier, this Khasra No.48 was joint. However, the same was ordered to be partitioned by the Assistant Collector First Grade (Tehsildar), Rewari vide order dated 20.12.1978. Accordingly, the forefather of the plaintiff, namely, Meda and Kishan Lal got Khasra No.48/2 and the possession of the same was also delivered to them. Even mutation No.65 and 158 were entered to this effect. The defendants are totally stranger to the suit property after the partition. However, they are adamant to dispossess the plaintiffs from the suit land. They be restrained from interfering in the peaceful possession of the plaintiffs.