SURESH AND OTHERS Vs. JAI KISHAN AND OTHERS

JUDGEMENT

(1.) Legal representatives (ii) to (iv) of the original plaintiff Sher Singh are in second appeal against the concurrent findings recorded by both the courts below whereby the learned Additional Civil Judge (Senior Division) Jhajjar vide his judgement and decree dated 18.8.2009 dismissed the suit of the plaintiff and the findings thereof were affirmed by the learned District Judge, Jhajjar vide judgement and decree dated 28.5.2010 in the appeal filed by legal representative (ii) of plaintiff.

(2.) In brief plaintiff Sher Singh claimed himself to be co-sharer in the agricultural land comprised in Rect.No.74 Killa no.10 situated in the revenue estate of Village Tumbhari and further claimed to be in exclusive possession of part of joint land as per the site plan attached with the plaint. It was further claimed that defendant-Jai Kishan who is owner in possession of adjoining land bearing Rect.No.75 Killa no.6 has encroached upon an area marked as AEFD shown in Red colour in the site plan being part of the land comprised in Rect.No.74 Killa no.10. Thus he filed the suit for possession and permanent injunction seeking to restrain the defendant from cutting the Kikar trees at points 'X' and 'Y' situated in the land in possession of the plaintiff.

(3.) The defendant contested the suit and in his written statement admitted that the plaintiff is a co-sharer/co-owner of land comprised in Rect.No.74 Killa no.10 but disputed the portion marked AEFD of the suit property to be part of Rect.No.74 Killa no.10. It was asserted that the defendant has not taken possession of any portion of the land comprised in Rect. No.74 Killa no.10 and the demarcation carried out by the plaintiff did not affect the rights of the defendant who concededly is owner in possession of land comprised in Rect.No.75 Killa no.6. Cutting of any trees from the land as mentioned in the plaint was also denied.