SUMERA AND OTHERS Vs. GOBIND RAM AND OTHERS

JUDGEMENT

(1.) Civil Suit No. 294 of 1986 was brought before the learned Sub Judge IInd Class, Palwal (hereinafter referred to as "the trial Court") by Gobind Ram etc., the respondents herein, seeking a decree of possession, mandatory injunction and perpetual prohibitory injunction to mandate Sumera etc., the appellants in this Regular Second Appeal, to retrieve to them possession of land in dispute, after restoring it to its original state, and to restrain them from raising further construction over the suit land and not to alienate it to any one other than the respondents. The respondents alleged that they were joint owners and were in joint possession of some portion of gair mumkin land comprised in khasra No. 34/19/4, khewat No. 146, Khatoni No. 175, Rectangle No. 34, Killa No. 19/4, measuring 3 kanals 12 marlas, situated within the revenue estate of village Mitrol, Tehsil Palwal, District Faridabad, marked by letters EFGA and HIJK out of the portion ABCD, and that defendants(appellants herein) had illegally and un-authorisedly tresspassed over the remaining portion of the suit land, shown in red colour in the site plan attached with the plaint, about 2 years before filing of the suit and had also raised temporary construction thereon.

(2.) Appellants (defendants before the trial Court) contested the suit by filing a written statement pleading preliminary objections, inter alia, to the effect that they had become owners of the suit land by adverse possession as they had built pucca residential houses over it in the month of March 1972 and since then had been continuing in possession thereof under the nose of the respondents; suit was barred by time; respondents had no locus standi to maintain the suit, which, even otherwise, was not maintainable in the present form; and the respondents were estopped by their own act and conduct from filing the suit, and denying all other allegations of the plaint.

(3.) Respondents-Plaintiffs filed a replication and the parties were put to trial on the following issues:-