ANAND DEV Vs. SURAJ BHAN

JUDGEMENT

(1.) Plaintiffs Anand Dev and Pawan Kumar who were successful in the trial court but have been non-suited by the lower appellate court have filed the instant second appeal. Plaintiffs alleged that they are owners of the suit land which is part of khasra no. 358 but the defendant-respondent Suraj Bhan illegally occupied the same and raised construction thereon. Accordingly, the plaintiffs sought possession of the suit land by demolition of construction raised by the defendant.

(2.) The defendant denied the plaint averments and pleaded that defendant is owner in possession of the suit land. It was alleged that defendant's father had installed diesel engine for running a factory about 50 years back and also obtained electric connection to run the said unit. The defendant being owner in possession of the suit land raised construction in it. It was also pleaded that the suit is barred by Order 23 Rule 1 of the Code of Civil Procedure (in short, CPC) because plaintiffs had withdrawn their previous suit for possession of the suit land unconditionally. Various other pleas were also raised.

(3.) Learned Civil Judge (Junior Division), Hisar vide judgment and decree dated 27.7.2007 decreed the plaintiffs' suit for possession of the suit land along with mesne profits. However, first appeal preferred by defendant has been allowed by learned Additional District Judge, Hisar vide judgment and decree dated 17.5.2010 and thereby suit filed by the plaintiffs stands dismissed. Feeling aggrieved, the plaintiffs have filed the instant second appeal.