RANVEER AND ANOTHER Vs. MANGE AND OTHERS

JUDGEMENT

(1.) Plaintiffs, having failed to secure temporary injunction against the respondents, have approached this Court by way of instant revision petition under Article 227 of the Constitution of India. Plaintiffs alleged that they are joint owners in actual physical continuous uninterrupted exclusive possession of suit land measuring 09 biswas pukhta comprising of khasra No. 1196, khewats No. 248 and 249. Consolidation proceedings are still going on regarding land of said khewat nos. 248 and 249, comprising of total area of 1152 bighas 14 biswas 10 biswanis under the Scheme. Defendants threatened to dispossess the plaintiffs from the suit land forcibly. Accordingly, plaintiffs filed suit for permanent injunction and during pendency of the suit, claimed temporary injunction restraining the defendants from dispossessing the plaintiffs from the suit land.

(2.) Defendants 5 and 6 i.e. Tehsildar Consolidation and State of Haryana admitted that plaintiffs are in possession of the suit land and consolidation proceedings are going on.

(3.) Private defendants No. 1 to 4 contested the suit and denied the plaintiffs' averments. It was pleaded that defendants No. 1 to 4 are absolute owners in possession of the suit land along with other land measuring 03 kanals 10 marlas since the time of their ancestors. There was previously joint land of plaintiffs and defendants No. 1 to 4, but the same was already partitioned amicably. Plaintiffs' share came to be 03 kanals 07 marlas and defendants' share came to about 2100 sq. yds. Under the garb of the suit, the plaintiffs want to grab excess area. Assistant Consolidation Officer (ACO), vide order dated 16.11.2005, effected partition and appeal against the said order by one Jai Bhagwan has been dismissed by this Court as withdrawn on 28.08.2008. It was pleaded that Ladi No. 846 has fallen to the share of plaintiffs, whereas Ladi No. 871 has fallen to the share of defendants No. 1 to 4.