HARI SINGH RUHAL Vs. HUKAM CHAND

JUDGEMENT

(1.) Feeling aggrieved by the judgment and decree as passed by learned Additional Civil Judge (Senior Division), Panipat (for short 'the trial Court') on 17/11/2016, qua the dismissal of the Civil Suit filed by the appellant-plaintiff (here-in-after to be referred as 'the plaintiff') against the respondent-defendant (here-in-after to be referred as 'the defendant') and the judgment and decree handed down by learned District Judge, Panipat (for short 'the Lower Appellate Court') on 8/12/2017, whereby the appeal filed by the plaintiff against the judgment and decree dtd. 17/11/2016, has also been dismissed, he (plaintiff) has preferred the instant Regular Second Appeal to lay challenge to the same.

(2.) As per the brief factual-matrix culminating in the filing of the present appeal, the plaintiff instituted the afore-referred Civil Suit against the defendant for seeking a decree for declaration to the effect that he was owner in possession of the suit land, with the further prayer for grant of the consequential relief of permanent injunction to restrain the defendant from interfering in his possession over this land, while averring that earlier, his father had been continuing in possession of the said land since 1965-66 and thereafter, he had been in cultivating possession over the same, without paying any amount except the land revenue and thus, his possession on this land, as the occupancy tenant, for more than 30 years, had ripened into his ownership over it. However, the trial Court dismissed the above-said Civil Suit and the appeal filed by the plaintiff has also been dismissed, as already indicated in the opening para of this judgment.

(3.) I have heard learned counsel for the appellant-plaintiff in the instant appeal, at the preliminary stage and have also gone through the file carefully.