NARENDER SINGH Vs. KEWAL KRISHAN

JUDGEMENT

(1.) PLAINTIFFS/respondents are in second appeal against the judgements and decrees of the courts below, whereby their suit for declaration was dismissed by the trial court and in appeal the findings of the trial court were upheld.

(2.) BRIEFLY noticed the facts of the case are that plaintiffs filed a suit for declaration that order dated 24.7.2001 passed in case no.15 titled Kewal Krishan etc. Vs. Narender Singh, passed by AC Ist Grade Guhla is illegal, null and void, without jurisdiction and not binding upon the plaintiffs. They also sought consequential relief of permanent injunction restraining the defendants from dispossessing them from the suit land in execution of the impugned order dated 24.7.2001.

(3.) UPON notice of the suit, defendants filed written statement alleging therein that against the ejectment order passed by the AC Ist Grade the plaintiffs have already filed an appeal and the suit had been filed to harass the defendants. It was further alleged that prior to this an ejectment order was passed against the plaintiffs by the AC Ist Grade, Guhla on 19.11.1996 and plaintiffs had challenged the said ejectment order by way of an appeal which was dismissed by Collector Kaithal vide order dated 21.4.1996. It was further alleged that plaintiffs were chronic defaulters of payment of 1/4th batai. It was also alleged that since 24.7.2001 the plaintiffs were owners in possession of the suit land as trespassers.