ROSHAN LAL Vs. DHARAM PAL & ANR.

JUDGEMENT

(1.) THIS is defendant's appeal, challenging the judgments and decrees of the Courts below, whereby suit of the plaintiff -respondent has been decreed and the appellant has been restrained from interfering in the peaceful possession of the respondent -plaintiff over the suit property. The appellant has been further restrained from making any passage through the suit property. Respondent No. 1 -Dharam Pal filed a suit against the appellant as well as respondent No. 2, claiming that he is owner in possession of the disputed plot, as detailed in the site plan attached with the plaint which is part of Khewat No. 316, Khatauni No. 386, rectangle No. 25 and Killa No. 1, measuring 6 Kanals and 0 Marla. It is his further case that the plaintiff has purchased the same from one Ram Kishan vide registered sale deed dated 6.1.1997 and has become co -sharer in possession to the extent of 12/120th share in the said killa number. He has constructed a boundary wall on the aforesaid plot. The defendants have no right, title or interest in the aforesaid disputed property, however, they were threatening to demolish the boundary wall and carve out a passage through the plot by force. Hence, necessity arose to file the instant suit.

(2.) RESPONDENT No. 2 -Gram Panchayat filed written statement, denying the averments made in the plaint. It was alleged that the Gram Panchayat was the owner in possession of the land comprised in khewat No. 108/2/1 and the appellant encroached upon the said khasra numbers illegally and application for ejectment is pending against him. It was further asserted that the property in dispute belonged to the Gram Panchayat.

(3.) FROM the pleadings of the parties, following issues were framed: -