DEVINDER SINGH Vs. JAI SINGH AND OTHERS

JUDGEMENT

(1.) For the reasons mentioned in the application, which is supported by an affidavit, delay of 12 days in filing the appeal is condoned.

(2.) This is defendant s regular second appeal challenging the judgments and decrees of the Courts below whereby suit filed by plaintiff-respondent for permanent injunction was decreed restraining the defendants from dispossessing him from the suit land forcibly and from interfering in his peaceful possession over suit land.

(3.) Plaintiff S case, in brief, is that he is owner in possession of a room, sehan and vacant land, as detailed and described in para No.1 of the plaint and suit land, shown with red colour and marked with letters ABCD in the site-plan, is part of that land, which is brick, paved, which includes foundation and a hand-pump has also been got installed there. There is a kucha, which goes only upto the land of Ram Singh, adjacent to the land of defendants in the same width and a drain has been constructed by Gram Panchayat near the said kucha. Plaintiff further pleaded that he is an illiterate and poor person, whereas defendant No.1 has been posted as Additional District Attorney at Ambala and both defendants No.1 and 2 having illegal designs with the help of their cousin, who is Sarpanch of defendant No.3-Gram Panchayat, want to take possession of suit land forcibly as their houses are situated on both the sides of the suit land and four days prior to filing of instant suit, defendants along with police had visited the suit land and tried to dispossess the plaintiff, but they could not succeed in their illegal designs due to intervention of villagers. Plaintiff requested the defendants to desist from their illegal activities, which remained barren of results. All these facts and circumstances culminated in institution of the suit by the plaintiff.